MA resident with DWAI in NY wreaking havoc!

[HorrifiedinMA]

What is the name of your state?What is the name of your state? Massachusetts

Why no response? Anybody in MA ever deal with the DMV here? Good DMV attorney?

My boyfriend was pulled over in NY State a few months back on the way back from a business dinner where he had 4 drinks in 3 hours. He blew a .05 and was subsequently charged with DWAI, Driving While Ability Impaired which is a civil infraction, not a criminal violation, in NY. He paid the $300 fine, and dealt with the NY DMV and had "conditional privileges" for 90 days in NY, but his license wasn't impacted.

Fast forward to June, he got a one year suspension notice from the MA DMV, and had his license revoked via another letter one week later for being on the NDR. MA is requiring him to take the alcohol classes (16 week program) before he can apply for a conditional license.

The problem here, is that had it occured in state, A) .05 isn't illegal in MA unless his driving was erratic .08 is the per se law here. B) If he had blown a 0.08 in MA, as a first time offender he would have been required to take the class but would have had a 45 day suspension rather than a year, and would be eligible for a conditional work license immediately.

His lawyer (in MA, different one in NY) says that the law is different for out of state violations, and that the penalties much harsher, ie, no conditional license until you finish the 16 week course.

Yesterday, he got a letter that his insurance is being cancelled and his registration revoked. Also in the mail was his new insurance premium, which has now doubled.

I guess I'm having a hard time understanding how he can be punished so much more severely for something that he wouldn't have been charged with if it were in state (below legal limit). DMV law says that it treats out of state violations "as if they had occured in state", which is untrue.

He knows he was stupid to have consumed any alchohol, but he's a big guy (over 200 lbs), and 4 drinks over the course of 3 hours would not have rendered him unable to operate. He wants it to be over with but it just keeps snowballing.

Any advice? Please?