| Many Massachusetts Drivers are thoroughly confused | | | | people think twice before refusing the breathalyzer. |
| by the penalties imposed by Melanie's Law, a tough | | | | Another component of Melanie's Law requires the |
| drunk driving law which was designed to improve | | | | installation of breath alcohol ignition interlock devices in |
| public safety. | | | | vehicles of repeat offenders. Drivers with 2 or more |
| On October 28, 2005, the Massachusetts Drunk | | | | DUI charges on their records must operate only those |
| Driving Law was amended by "Melanie's Law" This | | | | vehicles equipped with interlock devices during the |
| law substantially increased penalties and sanctions for | | | | entire term of any hardship license and for a period of |
| drunk driving related offenses and refusing the | | | | two (2) years after getting their full licenses reinstated. |
| breathalyzer. Also, the law imposed an immediate | | | | Melanie's Law created the following new crimes: |
| suspension upon refusal of a chemical breath test and | | | | Employing or allowing unlicensed operator to operate |
| eliminated the 15 day temporary licenses which were | | | | motor vehicle, allowing an individual with an ignition |
| previously issued to offenders who refused the | | | | interlock restriction to operate a vehicle not equipped |
| breathalyzer. Since the passage of Melanie's Law, the | | | | with the device, Removal of the device, or failing to |
| number of people who were arrested in | | | | have the device inspected, maintained, or monitored on |
| Massachusetts and charged with operating a motor | | | | at least two occasions, at least two attempts to start |
| vehicle under the influence of liquor (OUI) has steadily | | | | a vehicle with a blood alcohol level in excess of .02, |
| increased. According to data from the Massachusetts | | | | Driving without an ignition interlock device when its |
| Registry of Motor Vehicles (RMV), in the year prior to | | | | mandated, Tampering with an ignition interlock device, |
| the passage of Melanie's Law, 13,335 people were | | | | supplying an air sample to start someone else's vehicle, |
| arrested and charged with OUI. Between October 28, | | | | DUI while driving on a suspended license because of |
| 2005 and October 28, 2006, the first year after | | | | drunk driving, and DUI with a child 14 years of age or |
| Melanie's Law took effect, the number of arrests rose | | | | younger in the car. |
| to 14,068; in the second year, that number rose again | | | | Melanie's law also increased the waiting period to apply |
| to 15,591. According to the RMV's most recent | | | | for a hardship license for a second offense. Now, in |
| statistics, in the third year since Melanie's Law took | | | | most cases, you must wait one year to get a hardship |
| effect, there were 16,199 people arrested and charged | | | | license on a 2nd offense. Also, it increased the length |
| with OUI in Massachusetts. | | | | of license suspension for vehicular homicide from 10 to |
| One of the goals of Melanie's Law was to persuade | | | | 15 years. |
| people to take the breathalyzer by imposing harsh | | | | Given the complexities of Melanie's Law, having a |
| license suspensions for breathalyzer refusals. License | | | | qualified lawyer fight for you is essential. You should |
| suspensions for breathalyzer refusals range from 6 | | | | hire a lawyer who knows the Massachusetts Drunk |
| months to lifetime. With these long suspensions, many | | | | Driving and Hardship License laws inside and out. |