What is Melanie’s Law?
The state of Massachusetts passed the last major drunk driving law called “Melanie’s Law” over 10 years ago on October 28, 2005. It added a number of new, harsher penalties to the drunk driving laws in the state. The biggest changes were:
- An ignition interlock device requirement for any 2nd offense OUI charge after you become eligible for license reinstatement. (Even if your prior conviction is decades old, the Registry still requires it.)
- Longer drivers license suspensions. Consecutive License suspensions are consecutive duration (adding together) for the suspension time for any OUI conviction (from the court) and breath test refusal (administrative penalty from the RMV).
- Harsher license suspensions for underage (under 21) drivers.
Even though Melanie’s law has been on the books in Massachusetts for over a decade, and hasn’t changed, it is still synonymous with Massachusetts drunk driving laws.
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(For the full list of all Massachusetts OUI penalties, see my DUI laws page.) Some of the changes to Massachusetts Drunk Driving / OUI laws are as follows:
For First Offenders with Massachusetts OUI Charges
Melanie’s law made only very minor changes to first offense charges, other than slightly longer license suspension for breath test refusals.
- No 15 day temporary license, suspension is immediate
- May impound your car for 12 hours
If You Refused the Breath Test:
- Your driver’s license suspension period is consecutive with any OUI conviction penalty if convicted.
- Under 21 Breath Test refusal for a 1st OUI offense is a 3 year license suspension. (also, see my underage OUI penalties page)
The Breath Test refusal penalty is a 180 day license suspension (no change with Melanie’s Law, other than the consecutive license suspension)
If you are Found Guilty:
- Under 21 with BAC of over .20 must attend a 14-day second offender in-house program
For 2nd Offense DUI Charges:
If You Refused the Breath Test:
- 3 Year License Suspension, consecutive with any OUI conviction penalty
- Under 21 Breath Test for a refusal on a 2nd OUI offense is a 5 year license suspension.
If you are Found Guilty:
- Not eligible for work/school hardship license for 1 year (+3 additional years of if you refused the breath test)
- When you are eligible to get your license back (usually after 3 years), a mandatory Ignition Interlock device installed in your car at your own expense for 2 years, as a condition of license reinstatement.
Update May 2012: We have been getting a ton of calls asking about the supreme court decision Souza v. Registry of Motor Vehicles which changes how the Registry can treat suspension periods in 2nd or greater offense cases with a prior CWOF and breath test refusal. Read my fact sheet, and contact us if we can help. If you are a former client we can help, we plan to reach out to you, but don’t hesitate to call.
For Third Offense OUI Massachusetts Charges
If You Refused the Breath Test:
- 5-year license suspension just for refusing, even if you are later acquitted
- Under 21 Breath Test refusal 3rd OUI offense – Lifetime license suspension
If you are Found Guilty:
- They can seize, keep, and sell your vehicle for a third or subsequent OUI offense.
- Not eligible for work/school hardship license for 2 years (+5 additional years of if you refused the breath test)
- The Registry may cancel your registration while your license is suspended for a third or subsequent OUI offense.
Child Endangerment by Operating Under the Influence
If you are convicted of an OUI while a child under 14 is in the car, there is a separate and additional criminal charge: OUI with Child Endangerment.
There is an additional penalty of a license loss of 1 year (consecutive with any other license loss period). Mandatory 6 months in jail for a 2nd offense, and a 3-year license loss (consecutive). You must be convicted of the initial OUI charge to also get this penalty.
Other OUI Related Laws passed under Melanie’s Law
- If you live outside of Massachusetts, you may take an eligible treatment program in your state as part of your penalty.
- Committing OUI-related offenses while having a license suspended or revoked for OUI-related reasons (OUI, vehicular homicide, OUI with serious injury, OUI or homicide in a boat, or vehicular manslaughter) Penalty for conviction – mandatory minimum sentence of 1 year, to be served consecutively to any other sentence.
- Your vehicle may be forfeited for a 4th (fourth) offense OUI or subsequent offense.
Other Related New Laws Passed As Part of Melanie’s Law
- Knowingly hiring an unlicensed person to operate a motor vehicle – Penalty for conviction, license suspension for 1 year
- Knowingly providing a motor vehicle to an unlicensed person – Penalty for conviction, license suspension for 1 year
- Lifetime license revocation for vehicular homicide involving OUI, felony vehicular homicide after a prior OUI offense, or OUI with serious injury, or vehicular manslaughter.
- Increase mandatory minimum sentence for manslaughter by motor vehicle to 5 years in jail.
- First Offense Vehicular Homicide license suspension increases from 10 to 15 years.
Also see my full OUI Laws & penalties page for the full details on all DUI laws in Mass.
Has Melanie’s Law made a difference in drunk driving prevention or deterrence in Massachusetts?
Has the law worked to reduce the number of drunk drivers on Massachusetts roads over the last 10+ years? This is an interesting question, which no one can really answer. I’d like to see statistics from 2006 on to really judge that claim.
The fact is that drunk driving arrests and fatalities have been dropping for years in the state and nationwide, well before the passage of Melanie’s Law.
While the law did make it much harder for those convicted on 2nd offense charges to get back behind the wheel, some of the many gaps that Melanie’s law did not address include:
- No increased alcohol treatment programs for chronic drunk drivers, particularly those in jail.
- No additional cops on the street for deterrence value or additional patrols and arrests.
In particular, the lack new alcohol treatment programs and emphasis on treating chronic alcoholism as a disease is still behind the times. We are slowing coming around to seeing drug addiction as a public health issue and not an issue for the criminal courts to handle by themselves. But we haven’t made that leap with chronic alcoholism. To be sure, drunk driving is more dangerous to others than individual drug use, which is considered a “victimless crime”. But both can be the product of chemical addiction, not malice and disrespect or disregard for the law, and should be treated as such.
We also may find out that one of the factors from the law is simply PR value, and increased public awareness of the consequences of drunk driving. Publicity has been huge. Politicians get significant mileage out of being “tough on drunk drivers” and news stories about drunk driving arrests are very popular with the public. The major local newspapers run them frequently. The Patriot Ledger notes drunk driving arrests every week, prominently. The public attention may ultimately be a far bigger factor that any direct value from the law in deterrence or attempts to keep multiple drunk driving offenders behind bars.
The public attention may ultimately be a far bigger factor that any direct value from the law in deterrence or attempts to keep multiple drunk driving offenders behind bars.
For more information about the changes to Massachusetts DUI Laws and Registry of Motor Vehicle license suspension rules, or additional comments on Melanie’s Law, contact Russell Matson at (781)380-7730. If you’ve been arrested, please contact me for a free legal consultation.
