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Thoughts on Massachusetts OUI Laws on Interlock Devices

7/1/2006

Six Months into the Massachusetts Ignition Interlock Requirement and no end in sight to it's Unfair Application

As anyone looking to get a Massachusetts driver's license reinstated after a 2nd offense OUI charge, you are now required to have an ignition interlock device installed in your car for 2 years. If you are eligible for a hardship license, the interlock device must be also installed for the duration of the hardship license (usually for 1 year until you can be fully reinstated), so you may have the device for 3 years in total.

This applies to everyone, regardless of how long ago your OUI offense/conviction took place, even if it was years or decades before this provision of "Melanie's Law" was enacted. Legally, it doesn't appear that the Massachusetts Registry of Motor Vehicles (RMV) must interpret the law this broadly and harshly, but that is what they have chosen to do.

Interlock Defenses?

Unfortunately, there isn't anything I can do to help in these cases. I know that it is very frustrating and upsetting, since I talk to people facing this every day. But I don't know of any way to get the Registry to interpret the facts differently or treat cases more leniently, it's an automatic decision. I also don't know of any other Massachusetts OUI attorneys who have successfully gotten around this requirement. So unless the law is changed, or the Registry changes how they interpret it, you are stuck with this outcome.

The bottom line is, that if you have 2 OUI conviction, there is no known way to get around the requirement of the interlock device. If there was, I would do it.

Russell Matson, Attorney at Law

Please see my ignition interlock device law page for further details on how the system works.

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For information Massachusetts OUI / DUI / Drunk Driving Laws and Registry of Motor Vehicle license suspension issues, contact Russell Matson at (781)380-7730. My initial consultation is absolutely free.

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