The Mass. Ignition Interlock Device Law

The IID requirement in of Melanie’s Law, G. L. c. 90, § 24 ½, requires a driver whose license was suspended due to a program assignment or an OUI conviction to install an ignition interlock device (IID) if his driving history included a prior assignment or conviction at the time he applied to the Registry for reinstatement of his driver’s license.

When someone who has had his driver’s license suspended for an OUI conviction, or an assignment to an alcohol education program, applies to the Mass. RMV for a new license or to have his Massachusetts license or right to operate restored, and he has had a previous OUI conviction or alcohol program assignment, the new or restored license may only be issued upon the condition that the driver have an ignition interlock device  installed on every motor vehicle he owns, operates or leases for at least a 2 year period. This requirement, contained in amendments to the Massachusetts OUI law, and enacted as part of Melanie’s Law, was made effective on January 1, 2006.

As long as the event triggering the imposition of the IID requirement, that is, the application for a new or reinstated license, takes place after January 1, 2006, then Melanie’s Law applies prospectively and can permissibly take into account events occurring prior to its effective date, i.e., the previous drunk driving license suspensions,  DUI convictions,  and alcohol program assignments.

The Massachusetts IID requirement applies where a person is eligible to have his or her license reinstated prior to the effective date of Melanie’s Law but he or she did not apply for reinstatement until after Melanie’s Law goes into effect. The Massachusetts ignition interlock device requirement was determined to not be retroactive where the application for reinstatement of the license triggered IID requirement and application was made after statute went into effect.

You should contact a lawyer if you have questions regarding whether the ignition interlock device requirement applies to you, or if you have been accused of an ignition interlock device violation, which can trigger a 10 year or lifetime license revocation in Massachusetts.