Massachusetts Democratic Chair Steve Kerrigan Admits Facts in 0.089 OUI Case, Gets 1-Year Probation

Q: His OUI charge was dismissed, but what permanent consequences does he now face?

Yes. Even if Kerrigan completes probation and the OUI is dismissed, the case does not simply disappear. The most lasting consequence is the record. His arraignment created a permanent Massachusetts CORI entry showing the charge and how it was resolved. That record can later be sealed after the waiting period for a misdemeanor, but sealing does not erase it for law enforcement, courts, and some licensing authorities. The arrest and booking can also remain on a federal criminal-history record used in fingerprint-based background checks, and Massachusetts sealing does not automatically remove that federal entry. The CWOF also has legal weight beyond this case. In Massachusetts, a first-offense OUI resolved by an admission to sufficient facts and continued without a finding is generally treated as a prior OUI if he is charged again in the future, exposing him to harsher penalties on any later drunken-driving case. There can also be professional-reporting consequences. For many licensed professionals, and especially in fields with mandatory disclosure rules, a CWOF may have to be reported and can trigger review by licensing boards even without a formal conviction. His 45-day license suspension, fees, probation, and education program are temporary. The more permanent effects are the criminal-record trail, possible federal background-check visibility, the fact that it can count as a prior OUI later, and any disclosure or licensing consequences tied to that disposition.

3 articles · Updated · Fox News · Jul 24

Steve Kerrigan, 54, resolved a June drunken-driving case by admitting prosecutors had sufficient facts to convict him, and a judge continued the OUI charge without a finding.
A June 15 disposition gave the Massachusetts Democratic chairman 1 year of probation, a 45-day license suspension, $600 in fees and an impaired-driving education requirement.
Southborough police stopped Kerrigan shortly after midnight on June 13 after seeing his BMW on or over a lane divider; a breath test later registered 0.089%, above the state's 0.08% limit.
Kerrigan said through his attorney that he regretted his actions and took full responsibility; a negligent operation charge was dismissed and he was found not responsible for a marked-lanes violation.