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Shirley Drunk Driving Lawyers

• Ernest H. Hyde: On October 28, 2005, Massachusetts passed another version of its Operating Under the Influence of alcohol and drugs law. It is called Melanie's Law. It is the toughest version yet, with severe penalties beyond incarceration. Melanie's Law is complex and very comprehensive. It not only provides punishment for offenders, but also provides punishment for people who make such motor vehicle operation possible, the vehicle owner. Punishments have been increased for each conviction under this law. The look back period is life. This means that even though a conviction for drunk driving 15 years ago, which resulted in a $50 fine, counts today as a conviction. Incarceration can result on the first offense. It is mandatory on the third conviction. This new law permits the Registry of Motor Vehicles to suspend one's driver's license from 180 days to life for refusing to submit to a breath test, depending on the number of prior lifetime convictions. It increases the length of license suspension for each guilty finding or plea. It further requires the installation of a Ignition Interlock Device upon the second conviction for OUI. interlok.gifThese devises are expensive to install and maintain. Two attempts to blow into the devise with a BAC of .02% (the equivalent of one normal size drink or 12 oz. of beer) or above would result in further suspension, up to life, of the driver's license. Allowing the operation of a vehicle by someone with a hardship license without having an Ignition Interlock Device carries with it a one year House of Correction sentence and a fine of $500.00. Simply allowing an individual who is unlicensed to operation a vehicle can result in the owner serving one year in the House of Correction. Conviction, under this new law, can result in the presentation of a breath test which is .08% or higher or evidence that the operator was under the influence. Upon arrest, the operator's license is immediately suspended for a reading of .08% or higher or refusal of the breath test. Prior law allowed for a 15 day license prior to suspension. There is little doubt that the Massachusetts Legislature has taken significant steps to stop the continuing problem of drunk driving in this state.