If I received a DWI while driving out of state, do I have 30 days before my license is revoked?

I failed the breathalyzer. This just happened the a couple days ago in MA and I’d really like to know if I still have a valid license for an amount of days. I live in NH however so I don’t know if that would effect the situation at all. I’m still looking for legal advice as well as this is my first time getting charged with a DWI. I’m 20 years old.

Asked on May 3, 2011 under Criminal Law, New Hampshire


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to consult with an attorney in the Massachusetts area as soon as you can.  Here is the information that I have found on the matter, but it is by no means complete. 

"Under Massachusetts law, a .08 or above is a “per se” violation of the law, usually resulting in civil and criminal penalties.  If a person over 21 registers a .08 or above, there’s an automatic 30 day license suspension – the civil penalty.  In addition, for the criminal case, there’s a presumption that the person is driving under the influence of alcohol, which usually results in a very strong case for the state.  DUI convictions carry significant penalties, including imprisonment and additional license suspension."

Now, in the above statement it is implied that if you are under 21 there may not be an automatic license suspension.  That does not mean that there is no other penalty - and maybe one much worse - that could be imposed.  You are subject to the laws of Massachusetts when driving in their state, even if you live in New Hampshire.  Get help.   

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