Legal Question in DUI Law in Massachusetts

In Sept. 2015, I plead guilty to OUI. I am currently seeking employment, and one of the questions on the application is as follows: " Have you ever been arrested, charged, or convicted of a criminal offense other than a minor traffic violation?" Is OUI a CRIMINAL offense? How should I respond. I should note the application is for a position in New Hampshire. Thank you. Jim


Asked on 1/03/16, 9:07 am

2 Answers from Attorneys
George Davis Law Office of T. George Davis, Jr.

Based on the information you've provided, the correct answer to the question is that you have been arrested, charged and convicted of an OUI (which is not a "minor traffic violation," but rather a criminal offense). The fact that the position is in New Hampshire is of no consequence, either substantively or in terms of whether your Massachusetts records are available to be viewed out of state (which they are).

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Answered on 1/03/16, 9:44 am
John Skinner, III Associated Attorneys of New England

I'd also add that NH and MA have vastly laws on this issue. Assuming this is governed by NH law only, which may or may not be the case, the question is lawful and from what you've described seems to require an affirmative response. If the question was posed to you in an INITIAL employment application, governed by MA law, then it could quite possibly be illegal in violation of MGL 151B.

See NH RSA 651:5(X)(f)

http://www.gencourt.state.nh.us/rsa/html/lxii/651/651-5.htm

See also MGL 151B

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4

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Answered on 1/04/16, 7:33 am


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