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Melanie’s law was enacted to increase the criminal penalties and license suspensions for DUI in Massachusetts. It was signed into law in October of 2005 and the ignition interlock provision when into effect on January 1, 2006.
Melanie’s law creates a new crime of DWI on a suspended license which was suspended for DWI. This new offense carries a 1 year minimum mandatory jail sentence and an automatic 1 year license suspension.
Melanie’s Law also penalizes individuals who knowingly allow an unlicensed person to drive a vehicle owned or controlled by them. Penalties include fines, jail time, and automatic license and/or registration suspensions. Melanie’s Law also makes it illegal to allow someone who has an ignition interlock restricted license to drive your car, if it does not have an interlock device.
Also, under Melanie’s law, breathalyzer refusal license suspensions go into effect immediately and run consecutively and not concurrently with any DWI suspension. For example, if you refused the breathalyzer and you have a prior DUI conviction, your license will be suspended for 3 years for the refusal. This 3 year revocation, during which you cannot get a hardship license, will be followed by a 2 year revocation for the DUI conviction. If you fall into this category, please contact Attorney Brian E. Simoneau, he may be able to help you. This “stacking” of suspensions is a severe penalty which can keep drivers off the road for long periods of time.
Finally, Melanie’s Law creates two theories under which the crime of OUI can be proven. The first is that alcohol diminished the driver’s ability to safely operate a motor vehicle. The second way to prove OUI is to prove that the driver’s blood alcohol content was .08 or above. Of course, this .08 or per se theory of OUI can only be proven if there is a chemical test.
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