Legal Law

Melanie’s Law Explained

Many Massachusetts drivers are completely confused by the penalties imposed by Melanie’s Law, a strict drunk driving law that was designed to improve public safety.

On October 28, 2005, the Massachusetts Drunk Driving Law was amended by “Melanie’s Law”. This law substantially increased the penalties and penalties for crimes related to driving while intoxicated and for refusing to take a breathalyzer. In addition, the law imposed an immediate suspension for refusing a chemical breath test and eliminated the 15-day temporary licenses previously issued to offenders who refused the breathalyzer. Since the passage of Melanie’s Law, the number of people who have been arrested in Massachusetts and charged with operating a motor vehicle under the influence of liquor (OUI) has steadily increased. According to data from the Massachusetts Registry of Motor Vehicles (RMV), in the year prior to the passage of the Melanie Law, 13,335 people were arrested and charged with OUI. Between October 28, 2005 and October 28, 2006, the first year after the Melanie Law came into force, the number of arrests rose to 14,068; in the second year, that number increased again to 15,591. According to the most recent statistics from the RMV, in the third year since the Melanie Law went into effect, there were 16,199 people arrested and charged with OUI in Massachusetts.

One of the goals of Melanie’s Law was to persuade people to take the breathalyzer by imposing heavy license suspensions for breathalyzer refusal. License suspensions for breathalyzer refusal range from 6 months to life. With these lengthy suspensions, many people think twice before refusing the breathalyzer.

Another component of Melanie’s Law requires the installation of breath alcohol ignition interlock devices in the vehicles of repeat offenders. Drivers with 2 or more DUI charges on their records must operate only those vehicles equipped with interlock devices for the entire term of any hardship license and for a period of two (2) years after their licenses are reinstated complete.

Melanie’s Law created the following new offenses: Employing or allowing an unlicensed operator to operate a motor vehicle, Allowing a person with an ignition interlock restriction to operate a vehicle that is not equipped with the device, Removing the device or not device inspected or maintained, or monitored on at least two occasions, at least two attempts to start a vehicle with a blood alcohol level greater than .02, Driving without an ignition interlock device when required, Tampering with a device ignition interlock, supplying an air sample to start another person’s vehicle, DUI while driving with a suspended license due to drunk driving, and DUI with a child 14 or younger in the car.

Melanie’s law also increased the waiting period to apply for a hardship license for a second offense. Now, in most cases, you must wait a year to get a hardship license on a second offense. In addition, it increased the length of license suspension for vehicular manslaughter from 10 to 15 years.

Given the complexities of Melanie’s Law, it is essential to have a qualified attorney fighting for you. You should hire an attorney who knows the Massachusetts hardship and drunk driving license laws inside out.

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