A law passed in
2005 regarding operating under the influence makes penalties seem harsh and
have made many people question if this is a restraint on individual liberty. We
are not advocating drinking and driving or vouching for those that do but we
are bringing to light some concerns about the status of the law. At Boyle &
Carbone, P.C., we can help you navigate the laws and feel like you are not
being taken advantage of by the system. Melanie’s Law was amended in 2012 and I
have highlighted some of the points here:
FOR FIRST OFFENDERS WITH MASSACHUSETTS OUI CHARGES
▪
No 15 day temporary license, suspension is immediate
▪
May impound your car for 12 hours
If You Refused the Breath Test:
▪
License Suspension consecutive with any OUI conviction
penalty if convicted
▪
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-house program
FOR 2ND OFFENSE OUI CHARGES:
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 OUI MASSACHUSETTS CHARGES
If You Refused the Breath Test:
▪
5 year license suspension just for refusing, even if you are
later acquitted
▪
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.
Melanie’s Law is
well intended but it created a series of new laws with a series of new
penalties which get progressively painful to comply with. Come in for a consultation and speak to an experienced OUI Defense
Attorney today.
