Melanie's Law
The State's New Drunk Driving Law
(January 2006)

The Act Increasing Penalties For Drunk Drivers in Massachusetts, also known as "Melanie's Law," went into effect on October 28, 2005. The purpose of the law is to enhance the penalties and administrative sanctions for operating under the influence (OUI) of alcohol offenders in Massachusetts. Go to "What's New" on the RMV website to see a complete list of the new criminal offenses.

Ignition Interlock Device Requirements

Starting January 1, 2006, any driver with a second or subsequent operating under the influence offense who is eligible for a hardship license or for license reinstatement will be required to have an Ignition Interlock Device attached to any vehicle the driver owns, leases, or operates (including an employer's vehicle) at the driver's expense. The goal of this device is to protect both the public and the driver from continued unlawful operation of a motor vehicle. Massachusetts now joins a majority of states in utilizing this technology.

A driver with a hardship license must use the device for the entire life of the hardship license and for two additional years after the license has been reinstated.

If a driver with two or more OUI offenses is eligible for license reinstatement, the Ignition Interlock Device will be required for two years. This two-year period is mandatory (even if the device was used with a hardship license).

What Is An Ignition Interlock Device?

An Ignition Interlock Device is a handheld breath-alcohol monitoring device (approximately the size of a cell phone) that is electronically connected to a vehicle's ignition.

How Does It Work?

A driver is required to take and pass a breath test before the vehicle will start and take re-tests while operating the vehicle. Any blood alcohol reading of greater than .02 will prevent the vehicle from starting. If the driver's blood alcohol is greater than .02 while operating the vehicle, the vehicle will go in to a lockout state 48 hours after the vehicle is shut off. This time period allows the customer to get the vehicle to the vendor to be unlocked. Within every 30 days, the driver must return to the Ignition Interlock Device vendor, who will upload and transfer data from the device to the RMV.

Where Can A Customer Get A Device?

Currently, there is one approved Ignition Interlock Device vendor in Massachusetts, Smart Start. Smart Start has two locations in Massachusetts, one in Chicopee and one in Norwood. Hearings Officers will be providing the specific vendor information to customers who require a device. Click here to download the RMV's brochure on the Ignition Interlock Device.

Is There A Fee For The Device?

Yes. Customers must pay to have the device installed and then pay a monthly leasing fee.

What Is The Customer Responsible For?

• Installation of the Device-The customer must contact the vendor and schedule installation.
• Payment-The customer must pay all required fees
• Maintenance Visits-The customer must complete monthly maintenance visits.
• Proper Usage-The customer must follow all the rules for using the device and never tamper with it or try to circumvent using the device.

What Happens If The Guidelines For The Device Are Not Followed?

Failure to comply with the Ignition Interlock Device requirements will result in a license revocation from 10 years to life.

What Happens If The Customer Does Not Get The Device Installed?

The customer's license will not be reinstated. Customers who want a hardship license will not be eligible without the device.

New License Restriction Z

A Z license restriction will be added to licenses that require the Ignition Interlock Device as terms of the hardship license or reinstatement. The Z restriction indicates Ignition Lock/Hours Restriction. These customers WILL NOT have an H restriction with a Z restriction.

Chemical Test Refusal Information

When a driver refuses a chemical test, the following will take place:

• The officer will immediately…
  • Take custody of the driver's license (MA only).
  • Provide the driver with a written notification of the license suspension, effective immediately
    (no grace period, and no temporary license will be issued).
  • Impound the vehicle for 12 hours.
• The arresting officer will notify the Registry within 24 hours.

Upon receipt of the information, the Registry will suspend the offender's license or right to operate
immediately.

Increased Suspension Periods

Melanie's Law has increased the license suspension periods for drivers who refuse to take a chemical test. The new license suspension periods are as follows:

Note: In addition to the penalties listed above, drivers under 18 will also receive an additional 1-year suspension. For first time offenders, this additional suspension can be reduced to 180 days upon entry into a Department of Public Health approved alcohol education program.

Drivers between 18 and 21 will receive an additional 180-day suspension. For first time offenders, this additional suspension can be waived upon entry into a Department of Public Health approved alcohol education program.

Customers with questions concerning the New Drunk Driving Law (Melanie's Law), or any specific alcohol related offenses, should be directed to see a RMV Hearing Officer, or call the Phone Center, which will connect the customer to the Driver Control Unit.

Operating Under the Influence While Already Suspended for OUI

Melanie's Law establishes a new offense of Operating Under the Influence of Alcohol and Operating After Suspension for Drunk Driving. This means that a driver who was driving under the influence of alcohol while his/her license was already suspended for OUI can be charged with two crimes at once: 1.) OUI and 2.) OUI with a suspended license. This additional offense carries a minimum of a 1-year mandatory jail sentence.

Employing or Allowing an Unlicensed Operator to Operate a Motor Vehicle

Melanie's Law has defined the penalties for allowing or employing an unlicensed driver (including relatives, friends, or known acquaintances) to operator a Motor Vehicle. (Note: This provision would include anyone whose license is suspended for any reason - not just OUI.)

Child Endangerment While Operating a Motor Vehicle Under Influence of Alcohol

Melanie's Law creates a new crime of Operating a Motor Vehicle Under the Influence of Alcohol With a Child 14 Years of Age or Younger in the Vehicle. This means that a driver can be charged with two crimes at once: 1.) OUI and 2.) Child Endangerment While OUI.

Registration Cancellation

Melanie's Law allows the Registry to cancel the registration plates of anyone convicted of a 3rd or subsequent alcohol-related driving offense for the duration of the suspension period.

Vehicle Forfeiture

Melanie's Law allows a District Attorney to seek forfeiture of a motor vehicle for any defendant convicted of a 4th or
subsequent alcohol-related driving offense.

Chemical Test Refusal or Failure

Melanie's Law eliminates the allowance of a 15-day temporary license. In addition, the operator's vehicle will be impounded for 12 hours. The license suspension periods for refusing a chemical test have increased as well. Click here to download the license suspension chart.

Motor Vehicle Homicide

Melanie's Law increases the length of license suspension from 10 years to a minimum of 15 years for a conviction of Motor Vehicle Homicide.

Manslaughter by Motor Vehicle

Melanie's Law creates a new crime of Manslaughter by Motor Vehicle. Any driver who commits manslaughter while operating a motor vehicle while under the influence of alcohol or drugs shall be convicted of Manslaughter by Motor Vehicle.

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