Massachusetts DUI Laws

“Melanie’s Law” was enacted by the state of Massachusetts on October 28, 2005, increasing the penalties for Operating Under the Influence (OUI) in several circumstances. The most significant features are laid out below:

• Ignition Interlock Devices(IID): Mandatory for license reinstatement or a hardship license for any OUI offense after the first. The Ignition Interlock Device must be installed in any vehicle that the offender operates, and prevents the vehicle from starting unless the operator registers a blood alcohol content (BAC) of under .02.
• Chemical Test Refusal: Melanie’s Law eliminates the allowance of a 15-day temporary license, and mandates the impounding of the operator’s vehicle for 12 hours. In addition, the license suspension periods for refusing a chemical test increased. For drivers over the age of 21 with no prior OUI offenses, there is a 180 day suspension, which increases to 3 years with 1 prior offense, 5 years with 2 prior offenses, and a lifetime suspension for a chemical test refusal with 3 or more prior offenses. For drivers under the age of 21 the suspension length is 3 years + 180 days for 0 or 1 prior offense, 5 years + 180 days with 2 prior offenses, and a lifetime suspension for refusal with 3 or more prior offenses. If the driver is under the age of 18, the additional suspension time increases from 180 days to 1 year. In the case of all drivers under the age of 21, those additional suspension times are intended to induce the driver to undergo alcohol education, and can be waived (For drivers between 18 and 21) or reduced (to 180 days, for drivers under 18) upon entry into a state approved alcohol education program.
• OUI while operating a vehicle with a suspended license: A driver operating under the influence while his/her license is suspended can now be charged with both OUI and OUI with a suspended license at the same time. This offense carries a minimum sentence of 1 year, to be served consecutive to any other sentence.
• Manslaughter by Motor Vehicle: Any driver who commits manslaughter while operating a motor vehicle under the influence of drugs or alcohol is subject to this new law, which carries a 5-20 year state prison sentence (5 year mandatory minimum).
• Child Endangerment While Operating a Motor Vehicle Under Influence of Alcohol: Any driver operating a motor vehicle under the influence of alcohol with a child under the age of 14 in the vehicle is subject to this new law, which carries a 90 day-2.5 year sentence in a house of correction and $1,000-$5,000 fine for a first offense, and 6 month-2.5 year sentence in a house of correction and $5,000-$10,000 fine, or 3-5 years in a state prison for a second offense. A driver can be charged with both this offense and OUI at the same time, and if convicted of both would serve the sentences consecutively.
• The District Attorney may seek the forfeiture of  the motor vehicle of a defendant convicted of a fourth or subsequent alcohol-related driving offense.
• The Registry may cancel the registration plates of anyone convicted of a 3rd or subsequent alcohol-related driving offense for the length of the suspension.
• Melanie’s Law also defines the penalties for allowing or employing an unlicensed driver to operate a motor vehicle.