Appeals Court (Unpublished) (October 31, 2006)

An individual whose license is suspended for an out-of-state operating under the influence (OUI) offense can be charged with operating after suspension for OUI in Massachusetts thus being subject to the enhanced penalty.

The defendant was convicted of operating a motor vehicle after his license had been suspended for two previous incidents of OUI - one occurring in Massachusetts and the other in New Hampshire. The defendant appealed his conviction arguing, among other things, that the second paragraph of G.L. c. 90, § 23 includes only suspensions for Massachusetts OUI offenses. Because the defendant's offense occurred in New Hampshire, he argues it should not be considered. The court disagreed reasoning that G.L. c. 90, § 22(c) requires that the registrar suspend the license of a person licensed to drive in Massachusetts where that person has been convicted in another jurisdiction of a motor vehicle violation, and to give the same effect to that conviction for the purposes of suspension as if that violation had occurred in Massachusetts. That provision, read in combination with the second paragraph of G.L. c. 90, §23 suggests that the legislature intended that where the registrar has suspended an operator's right to operate because of both an out-of-state conviction for driving while intoxicated and a prior Massachusetts OUI offense, a person may be charged with operating after suspension for OUI.