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Melanie's Law - Massachusetts OUI Law Changes
What is Melanie's Law?
Update May 2012: We are 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.
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The state of Massachusetts passed "Melanie's Law" on October 28, 2005, which
added a number of new, harsher penalties to the drunk driving laws in the state.
The biggest changes are
- An ignition interlock device
requirement for license reinstatement after a 2nd or greater offense
conviction. Even if a prior conviction is decades old!
- Consecutive license suspension durations adding together the suspension
time for any conviction and breath test refusal.
- Harsher license suspensions for underage (under 21) drivers
(For the full list of all Massachusetts OUI
penalties, see my DUI laws page.)
Some of the new changes to Massachusetts Drunk Driving / OUI laws are as
follows:
For First Offenders with Massachusetts OUI Charges
- No longer 15 day temporary license
- May impound your car for 12 hours
If You Refused the Breath Test:
- License Suspension consecutive with any OUI conviction penalty if
convicted
- Under 21 Breath Test refusal 1st OUI offense - 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 refusal 2nd OUI offense - 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)
- As of 1/1/06, Ignition Interlock device
installed in your car at your own expense for 2 years as a condition of
license reinstatement.
For Third Offense OUI Massachusetts Charges
If You Refused the Breath Test:
- 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 year (+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.
Other New OUI Related Laws
- 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.
- Child Endangerment by Operating Under the Influence -
If you are convicted of an OUI while a child under 14 is in the car, their 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)
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?
Is the new law working to reduce the number of drunk drivers on Massachusetts
roads? This is an interesting question, which no one can really answer so far.
I'd like to see statistics from 2006 on to really judge that claim.
Drunk driving arrests and fatalities have been dropping for years, well before
the passage of Melanie's Law.
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
We 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". News stories 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.
-Russ Matson
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.
(781)380-7730.
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