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Melanie’s Law in Massachusetts: Enhancing Penalties for Drunk Driving

Melanie’s Law, enacted in Massachusetts in 2005, was designed to significantly increase penalties for those convicted of operating under the influence (OUI). This law implements stricter consequences for DUI offenses and related actions, aiming to reduce the incidence of drunk driving and enhance public safety.

Key Provisions of Melanie’s Law

1. Breathalyzer Refusal Suspensions

Melanie’s Law imposes stringent penalties for refusing a breathalyzer test. The suspension periods vary depending on the number of prior offenses:

  • First offense: 180-day suspension
  • Second offense: 3-year suspension
  • Third offense: 5-year suspension
  • Fourth offense: Lifetime suspension

These suspensions must be served before any DUI-related suspension begins, and hardship licenses are generally not available during this period, except for qualified first and second offenders under specific circumstances.

2. DUI Suspensions

DUI convictions also result in severe license suspensions:

  • First offense (24D program): 45-day suspension, with potential hardship eligibility after 6 months.
  • Second offense: 2-year suspension, with hardship eligibility after 1 year.
  • Third offense: 8-year suspension, with hardship eligibility after 2 years.
  • Fourth offense: 10-year suspension, with hardship eligibility after 5 years.
  • Fifth or subsequent offense: Lifetime suspension with no possibility of a hardship license.

3. Ignition Interlock Device (IID) Requirement

Drivers with two or more DUI convictions must install an IID in any vehicle they own, lease, or operate. This device requires the driver to pass a breath test with a blood alcohol content (BAC) below 0.02 for the vehicle to start. The IID must be used during the entire period of a hardship license and for an additional two years after the full license is reinstated. Failure to comply with the IID requirement can result in a minimum 10-year license revocation, or potentially a lifetime revocation.

4. Lifetime Lookback Period

Melanie’s Law imposes a lifetime lookback period, meaning that any DUI conviction or alcohol program assignment, regardless of when or where it occurred, will be counted against the driver. This provision ensures that prior offenses always influence the severity of penalties for new offenses.

5. New Criminal Offenses

Melanie’s Law also introduced several new crimes related to OUI:

  • OUI with a Suspended License: If a driver is caught operating under the influence while their license is already suspended for a previous OUI, they can be charged with both OUI and OUI with a suspended license. This charge carries a mandatory jail sentence of 1 to 2.5 years and a fine ranging from $2,500 to $10,000.
  • Child Endangerment While OUI: Operating a vehicle under the influence with a child under 14 in the car now constitutes a separate offense. The penalties include 90 days to 2.5 years in jail, a fine between $1,000 and $5,000, and a 1-year license suspension.
  • Manslaughter by Motor Vehicle: If a driver, under the influence of drugs or alcohol, causes a death, they can be charged with Manslaughter by Motor Vehicle. This crime carries a minimum sentence of 5 years, with a maximum of 20 years in prison, and fines up to $25,000.

6. Penalties for Enabling Violations

Melanie’s Law also penalizes those who allow or assist individuals with suspended licenses to operate a vehicle. Employers who hire such individuals to drive face a $500 fine for the first offense and up to 1 year in jail for subsequent offenses. Similarly, anyone who knowingly permits an unlicensed individual or someone with an IID restriction to drive their vehicle faces fines and potential imprisonment.

How Does Melanie’s Law Impact Your Situation?

Melanie’s Law has drastically increased the stakes for drunk driving in Massachusetts. The law’s comprehensive measures—from enhanced suspensions and lifetime lookbacks to the mandatory use of ignition interlock devices—aim to deter repeat offenders and keep the roads safer. If you have any questions about how Melanie’s Law affects your situation, consulting an experienced attorney is crucial to navigating these complex legal requirements.

Charged with DUI? Call the Law Office of Brian Simoneau, P.C. today at 508-625-5776 to protect your driving privileges and future.