Understanding Massachusetts Ignition Interlock Device Law

Melanie’s Law, enacted on October 28, 2005, introduced stringent measures to enhance public safety and reduce drunk driving offenses in Massachusetts. One key provision, effective January 1, 2006, mandates the use of ignition interlock devices (IIDs) for repeat DUI offenders as a condition of license reinstatement or hardship license issuance. Here’s everything you need to know about the IID program, its requirements, and the penalties for violations.

What is an Ignition Interlock Device?

An IID is an alcohol-sensing device connected to a vehicle’s ignition system. Before starting the vehicle, the driver must provide a breath sample with a blood alcohol concentration (BAC) below 0.02. If the BAC exceeds this limit, the vehicle will not start. IIDs also require rolling re-tests at random intervals to ensure the driver remains alcohol-free while operating the vehicle.

The IID records all activity, including breath test results, missed re-tests, and any tampering attempts. This data is downloaded monthly and reviewed by the Massachusetts Registry of Motor Vehicles (RMV).

Who Must Install an IID?

Under Melanie’s Law, IIDs are required for:

1. Repeat DUI Offenders: Individuals with two or more OUI (Operating Under the Influence) convictions or alcohol program assignments.
2. Hardship License Holders: Drivers operating under a hardship license must use an IID during the hardship period and for two additional years after receiving full license reinstatement.
3. License Reinstatement Applicants: Anyone reinstating their license after a second or subsequent DUI suspension in effect on or after January 1, 2006.

Even individuals treated as first offenders under a Cahill or “Second Chance First Offender” disposition must comply with IID requirements if they have a prior OUI conviction. The RMV enforces the IID program with a zero-tolerance policy for violations.

IID Installation Process

To install an IID, you must:

1. Obtain Approval from the RMV:
   • Attend a hearing with an RMV Hearings Officer to determine eligibility for hardship relief or full reinstatement.
   • Complete all necessary forms and affidavits, which must be notarized.
2. Choose a Certified IID Vendor:
   • Schedule an installation appointment with an RMV-approved vendor.
   • Do not drive yourself to the appointment, as driving without an IID is prohibited.
3. Provide Proof of Installation:
   • Return to the RMV with proof of installation to receive a license with a Z restriction, indicating the IID requirement.
4. Pass Written and Road Tests:
   • If required, take the tests in an IID-equipped vehicle.

Costs of the IID Program

The IID program imposes the following costs, which are the responsibility of the driver:

• Installation Fee of approximately $200
• Monthly Monitoring Fee of around $100
• Two-Year Cost for the program is roughly $2,600, excluding additional fees for violations or re-tests.

IID Violations and Penalties

The Massachusetts RMV imposes harsh penalties for IID violations. Common violations include:

1. Failed or Missed Tests:
   • Failing a single rolling re-test with a BAC of 0.05 or higher.
   • Two failed rolling re-tests with BAC readings between 0.02 and 0.05 in one service period.
   • Missing two rolling re-tests in one service period.
2. Tampering or Circumvention:
   • Disconnecting or bypassing the IID.
   • Soliciting another person to provide a breath sample.
3. Missed Maintenance Appointments:
   • Failing to attend scheduled IID calibration and data download appointments.
4. Operating Without an IID:
   • Driving a vehicle not equipped with an IID during the restriction period.

Penalties for Violations

• License Revocation:
  • First-time violations result in a 10-year license revocation.
  • Severe or repeat violations may lead to a lifetime license revocation.
• Criminal Charges:
  • Tampering with an IID is a felony, punishable by:
    • A minimum of 6 months in jail and up to 5 years in state prison.
    • Fines ranging from $1,000 to $15,000.

Legal Challenges to IID Requirements

The IID provisions of Melanie’s Law have been upheld as constitutional, including in cases like Rosenthal v. Registry of Motor Vehicles and RMV Board of Appeal. Courts have ruled that applying IID requirements to drivers reinstating their licenses after January 1, 2006, does not violate constitutional protections against retroactive laws.

In Gordon v. Registry of Motor Vehicles, the court clarified that the IID requirement applies based on the act of applying for license reinstatement, not the date of the prior offenses. This means any driver reinstating on or after January 1, 2006, must comply with IID requirements, regardless of when their OUI convictions occurred.

Steps to Address IID Violations

If accused of an IID violation, it’s crucial to act quickly:

1. Document the Incident:
   • If you believe the violation is due to a false positive or device error, obtain evidence such as a blood alcohol test from a hospital or police station.
2. Prepare for the Hearing:
   • The RMV will schedule a formal IID violation hearing. Submit any evidence, such as IID reports or affidavits, at least three business days before the hearing.
3. Seek Legal Representation:
   • An experienced attorney can challenge the RMV’s evidence, identify potential device malfunctions, and present a strong defense.

Importance of Legal Representation

IID violations carry severe consequences, including lengthy license suspensions and criminal charges. Skilled legal representation can:

• Analyze IID data for errors or inconsistencies.
• Challenge the RMV’s findings at violation hearings or Board of Appeal proceedings.
• Advocate for reinstatement or reduced penalties.

The IID program under Melanie’s Law is designed to protect public safety by preventing repeat drunk drivers from operating vehicles while under the influence. However, compliance is essential, as violations can lead to harsh penalties.

If you have questions about Massachusetts IID laws or are facing an IID violation, contact Attorney Brian Simoneau at 508-625-5776 for expert guidance and representation. Protect your rights and driving privileges with professional legal assistance.