Melanie's Law - Massachusetts OUI Law Changes

The following is from a website that is set up by a law firm that defends DWI/DUI/OUI Drivers, http://www.madrunkdrivingdefense.com/melanieslaw.htm - Sue

Melanie's Law - Massachusetts OUI Law Changes

Massachusetts Passed "Melanie's Law" on October 28, 2005

Some of the new changes to Massachusetts Drunk Driving / OUI laws are as follows...

For First Offenders (1st Offense) Massachusetts DUI/OUI:

If You Refused the Breath Test:
- No 15 day temporary license
- May impound your car for 12 hours
- License Suspension consecutive with any OUI conviction penalty
- Under 21 Breath Test refusal 1st OUI offense - 3 year license suspension
- The Breath Test refusal penalty is a 180 day license suspension (no change with Melanie's Law, other than the consecutive license suspension)

If you are Found Guilty:
- Under 21 with BAC of over .20 must attend a 14-day second offender in-home program

For Second Offenders (2nd Offense) Massachusetts DUI/OUI:

If You Refused the Breath Test:
- 3 Year License Suspension, consecutive with any OUI conviction penalty
- Under 21 Breath Test refusal 2nd OUI offense - 5 year license suspension

If you are Found Guilty:
- Not eligible for work/school hardship license for 1 year (+3 additional years of if you refused the breath test)
- As of 1/1/06, Ignition Interlock device installed in your car at your own expense for 2 years as a condition of license reinstatement.

For Third Offense (3rd Offense) OUI Massachusetts OUI / Drunk Driving

If You Refused the Breath Test:
- Under 21 Breath Test refusal 3rd OUI offense - Lifetime license suspension

If you are Found Guilty:
- They can seize, keep, and sell your vehicle for a third or subsequent OUI offense..
- Not eligible for work/school hardship license for 2 year (+5 additional years of if you refused the breath test)
- The Registry may cancel your registration while your license is suspended for a third or subsequent OUI offense.

New OUI Related Laws

• If you live outside of Massachusetts, you may take an eligible treatment program in your state as part of your penalty.
• Committing OUI-related offenses while having a license suspended or revoked for OUI-related reasons (OUI, vehicular homicide, OUI with serious injury, OUI or homicide in a boat, or vehicular manslaughter) Penalty for conviction - mandatory minimum sentence of 1 year, to be served consecutively to any other sentence.
• Your vehicle may be forfeited for a 4th (fourth) offense OUI or subsequent offense.
• Child Endangerment by Operating Under the Influence - If you are convicted of an OUI while a child under 14 is in the car, their is an additional penalty of a license loss of 1 year (consecutive with any other license loss period). Mandatory 6 months in jail for a 2nd offense, and a 3 year license loss (consecutive)

Other Related New Laws

• Knowingly hiring an unlicensed person to operate a motor vehicle - Penalty for conviction, license suspension for 1 year
• Knowingly providing a motor vehicle to an unlicensed person - Penalty for conviction, license suspension for 1 year
• Lifetime license revocation for vehicular homicide involving OUI, felony vehicular homicide after a prior OUI offense, or OUI with serious injury, or vehicular manslaughter.
• Increase mandatory minimum sentence for manslaughter by motor vehicle to 5 years in jail.
• First Offense Vehicular Homicide license suspension increases from 10 to 15 years.