The purpose of Melanie’s Law is to increase the penalties for drunk driving in Massachusetts. Melanie’s law does this in several ways. First, it imposes breathalyzer refusal suspensions which run from 180 days for adult first offenders to lifetime for 4th offenders. It also imposes DUI suspension which range from 45 days for qualified offenders who are given 24D “first offender” dispositions up to lifetime for 5th offenders. Melanie’s law also requires those with 2 or more DUI convictions on their records to use a certified ignition interlock device while on any hardship license and for 2 years after getting a fulltime license.
|PRIOR DUIs||SUSPENSION LENGTH||HARDSHIP LICENSE WAITING PERIOD|
|0||45 days for 24D or 1 year for non-24D||6 months on a 1 year suspension|
|1||2 years||1 year|
|2||8 years||2 years|
|3||10 years||5 years|
|4||Lifetime||No Hardship License Allowed|
Except for qualified first offenders and second offenders whose first DUI conviction entered more than 10 years from the commission date of the 2nd offense, hardship licenses are not granted during chemical test refusal suspensions, which must be served prior to the commencement of the DUI suspensions.
Melanie’s law also imposes license suspensions and other penalties for knowingly lending your vehicle to someone whose license is suspended, allowing an ignition interlock restricted driver from operating a vehicle without a certified ignition interlock device, and blowing into someone’s IID to allow them to start their car.
It imposes a lifetime lookback period, so that DUI, drunk driving, or DWAI convictions or alcohol program assignments will trigger license suspensions no matter where or when they occurred.
If you have questions regarding how Melanie’s Law applies to your situation, please contact Attorney Brian E. Simoneau for a free review of your case. Attorney Simoneau may be able to shorten or elimiante your breathalzyer refusal suspension, as he has done in several prior cases.
Melanie’s Law created new offenses that were not present prior to 2005 when it was signed into law. For instance, if someone who already has their license suspended for a previous operating under the influence(OUI), is arrested for operating under the influence again, they may now be charged with two offenses at the same time: OUI and OUI with a suspended license. This charge requires a mandatory jail sentence of at least one year and can be up to two and a half years, as well as a fine between $2,500-$10,000. In addition, a new crime was created for operating a motor vehicle under the influence of alcohol while there was child under the age of 14 in the vehicle. The driver can be charged with not only OUI, but also child endangerment while OUI. The punishment for a first offense is 90 days to 2.5 years imprisonment, a fine between $1,000-$5,000, as well as a yearlong suspension of the driver’s license. The crime of Manslaughter by Motor Vehicle was also created by Melanie’s law. If a driver is under the influence of drugs or alcohol while operating a vehicle commits manslaughter, the driver will be charged with Manslaughter by Motor Vehicle. The minimum sentence is 5 years imprisonment and can be up to 20 years, as well as a fine up to $25,000.
Under Melanie’s Law, if a person has been convicted of OUI two (2) times, and is eligible for a hardship license, or in order to have their license reinstated, the driver will be required to have an Ignition Interlock Device installed in any vehicle that that person owns, leases or operates. The driver is required to pay for the expenses to install the device as well. The device requires that the driver have a blood alcohol reading of less than .02 in order for the vehicle to start. If the driver registers higher than .02, the vehicle will not start. The driver must report to company that installed the device every 30 days at which point the vendor uploads the data from the device and transmits it to the Registry of Motor Vehicles. If the device is necessary under the hardship license requirement, then the device must be used for the entire life of the hardship license, as well as an additional two (2) years after the license has been reinstated.If the driver is simply eligible for license reinstatement, then the device will be required for a mandatory two years. If the driver does not comply with the requirements, their license will be revoked for a minimum of 10 years, with the possibility of the revocation being for life.
Melanie’s Law does not specifically relate to OUI offenders either. It is also applicable to persons that allow or hire an unlicensed individual or an individual with a suspended license to operate a motor vehicle. If an employer hires an individual with a suspended license to operate a motor vehicle, there is a $500 fine for the first offense, and up to 1 year in jail for a second offense. If person that owns or is in possession of a vehicle allows an individual that is unlicensed to operate the vehicle, the first offense is a sentence of one year imprisonment and a fine up to $500. The same penalty is applicable if someone allows a person with an Ignition Interlock restriction to operate a vehicle without the device.