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What is Melanie’s Law?
In Massachusetts, DUI and DWI – impaired driving – is called operating under the influence (OUI). If you are charged with OUI, you must be defended and advised by a Massachusetts OUI lawyer, and you must contact that lawyer as soon as you can after an OUI arrest.
In 2005, “Melanie’s Law” took effect in this state. Melanie’s Law establishes the interlock ignition device (IID) rules which require convicted OUI offenders to install an IID in their personal vehicles after a second or subsequent (and sometimes after a first) OUI conviction.
The law is named for Melanie Powell, a 13-year-old Massachusetts girl who was killed by an intoxicated driver who already had multiple OUI convictions. As amended in 2020, Melanie’s Law requires an IID to be installed and used by drivers who have:
- a conditional “hardship” driver’s license as the result of an OUI conviction
- a license that qualifies for reinstatement after an OUI license revocation or suspension
What is an Ignition Interlock Device?
An IID is a small breathalyzer device that attaches to your vehicle’s ignition to prevent impaired driving. If an IID detects what it determines is alcohol on your breath, the vehicle will not start. An IID also requires breath retesting at certain intervals while you are driving the vehicle.
Drivers convicted of OUI are responsible for installing and maintaining IIDs and paying for IID costs, including installation as well as maintenance every twenty-five to thirty days (unless you qualify for the waiver of certain fees under the Registry of Motor Vehicles’ Indigency Program).
What is the Law in Massachusetts Regarding IIDs?
Massachusetts law requires any driver who has received a second or subsequent OUI conviction to have an IID installed in his or her vehicle during the driver’s license revocation or suspension period and for a minimum of two years after the driver’s license is reinstated.
Additionally, for first-time offenders, if your blood alcohol content (BAC) level is measured at or above 0.15 percent at the time of your arrest and you are seeking a hardship license, you are required to install an IID as a condition of that license throughout the hardship period.
What Happens if You Tamper With an IID?
Massachusetts courts would like convicted OUI offenders to consider IID installation a privilege; after all, an IID allows someone with an OUI conviction to continue driving. Nevertheless, some convicted OUI offenders try to break the rules and find a way to drive without using the IID.
Under Massachusetts law, anyone who intends to disable, interfere with, or remove an IID may face penalties that include:
- the possibility of six months to five years in jail or prison
- a fine of up to $15,000
- the possibility of a license revocation for ten years, and in some cases, for life
How Are Second and Subsequent IID Violations Handled?
Second and subsequent convictions for IID violations may be penalized with lengthier jail or prison sentences, costlier fines, and lifelong driver’s license revocations. Other IID violations in Massachusetts include:
- driving a vehicle without an IID when you are required to use one
- missing two IID inspections
- failing a rolling re-test twice and blowing a BAC level above 0.02 percent
If you are charged with tampering with an IID or with any other IID violation, you must contact a Massachusetts OUI attorney at once for the legal assistance you will need.
When May an IID Be Legally Removed?
Removing an IID without authorization triggers an immediate driver’s license suspension. You will no longer be active in the IID program, you’ll receive no credit towards program completion, and you will become subject to criminal penalties.
For second and subsequent OUI convictions, eligibility for IID removal is based on completing the two-year IID program requirements and having no violations or infractions for six months prior to the request for IID removal, excluding any period of suspended or inactive status.
If you’re required to install an IID during a conditional hardship license period, you must complete the full hardship period plus an additional two years following your full driver’s license reinstatement.
Charged With OUI? What Steps Should You Take?
If you are charged with OUI in Massachusetts, reach out to a Massachusetts OUI lawyer immediately. You can avoid a great deal of difficulty – having your license suspended and installing an IID – if you can avoid receiving a conviction for operating under the influence.
Your Massachusetts OUI attorney will protect your rights and review the prosecution’s evidence to look for flaws and weaknesses in that evidence. In most cases, an OUI defense lawyer will seek to have the prosecutor drop the charge or petition the court to dismiss the case against you.
If an OUI charge cannot be dropped and the case cannot be dismissed, your defense attorney may negotiate for a reduced charge and for reduced or alternative sentencing. Of course, if you are innocent of OUI, you have the right to a trial by jury.
If your OUI case goes to trial, your attorney may question the reason you were stopped by the police, challenge the breathalyzer test results, and cast doubt on the prosecution’s case. Finally, your attorney will ask the jury to find you not guilty of operating under the influence.
Let the Law Office of Brian Simoneau Represent and Defend You
Attorney Brian E. Simoneau has overturned driver’s license suspensions, obtained hardship licenses, and succeeded on behalf of clients charged with OUI and clients charged with IID violations in Framingham, Marlborough, and throughout Massachusetts.
Brian E. Simoneau is a former police officer who has been practicing law in Massachusetts – and defending those charged with OUI – for more than two decades. If you are charged with OUI or if you’re dealing with any legal issue that involves your driver’s license or driving privilege in Massachusetts, call the Law Office of Brian Simoneau at once and get the help you require.
You can reach the Law Office of Brian Simoneau at 508-665-2995. A free, initial case review is offered to anyone charged with OUI and to anyone who is dealing with a driver’s license-related legal issue. It’s your opportunity to obtain the practical, personalized legal help you need.
