On October 28, 2005, the Massachusetts legislature passed Melanie’s Law. Melanie’s Law had the following consequences:

1. increased the license suspension for breathalyzer refusals
2. increased the waiting period for hardship licenses.
3. increased the penalties for subsequent offense OUI convictions by imposing a requirement that those convicted of a second offense or higher have an ignition interlock installed in all vehicles subsequent offenders drive.

MASSACHUSETTS MULTIPLE DRUNK DRIVING OFFENSES

Massachusetts has a lifetime look back for all prior OUI convictions whether within the State or outside of Massachusetts. Sometimes a prosecutor may be unaware of a prior offense. If that happens while you will avoid the criminal penalties associated with the higher offense, the Registry of Motor Vehicles will suspend your license if you are found guilty according to their records, which could result in the RMV imposing a more severe suspension than the court.

Penalties for DUI/OUI in Massachusetts

Below is a list of the penalties for each level of offense. All license losses on a case are added to each other. If you are found not guilty or the case is dismissed, there is a presumption that your license will be reinstated for the rest of the refusal suspension period.

FIRST OFFENSE
ADULT

Incarceration: Not more than two and a half years House of Correction

License suspension: maximum suspension for one year with hardship eligibility for work and education within three months and a general hardship license within six months.

suspended for 1 year, work/education hardship considered in 3 months, general hardship in 6 months.

Typical Disposition for 1st Offenders: The most common disposition is a license suspension for 45 days. On a first offense, a driver will have to complete an alcohol education program called the 24D program and will have to pay fines and fees. An individual who is found guilty of a first offense or who enters a plea agreement generally is placed on probation for one year.

Attorney DelSignore advice to 1st Offenders: always consult with an experienced OUI attorney prior to entering a plea agreement. In most cases, even if you are unsuccessful at trial, the sentence imposed after trial will not be much different from the plea that you are offered. OUI trials are the most common in the district court and are difficult cases for the prosecutor to prove. Because of the lifetime look back on prior OUI offenses and the tendency for DUI/OUI laws to increase in severity of punishment, you should vigorously contest an OUI or DUI charge brought against you.

First Offense OUI Under 21

If you are under 21 and are found guilty of OUI , the license suspension is 210 days for a first offense.

SECOND OFFENSE

Incarceration: Not less than 60 days (30 day mandatory), not more then 2 ? years

License Suspension: 2 years, work/education hardship considered in 1 year, general hardship in 18 months

• Fine: $600-$10,000
• A condition of any hardship license is the installation of an ignition interlock device for at least 2 years. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.

Alternative Disposition

• 2 years probation
• 14 day confined treatment program paid for by the defendant with completion of the aftercare program.
• License suspended for two years, work/education hardship considered in 1 year, general hardship in 18 months
• A condition of any hardship license is the installation of an ignition interlock device for at least 2 years. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.

Attorney DelSignore advice to second offenders: a second offense OUI or DUI conviction imposes significant penalties. Along with the possibility of jail time, a second offense will require you to install an ignition interlock in any car that you drive. Because an OUI charge can be difficult to prove, you should contact an experience OUI/DUI lawyer immediately to discuss your case. Additionally, if you refused the breathalyzer, you face a three year loss of your driver’s license. You need to act immediately to request a hearing at the RMV to challenge this suspension as you only have 15 days. If you are charged with a second offense you need to consult with an OUI attorney immediately.

THIRD OFFENSE

• Incarceration: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (Felony status)
• License suspension: for 8 years, work/education hardship considered in 2 years, general hardship in 4 years
• May be served in a correctional facility treatment programs
• Fine $1,000-$15,000
• A condition of any hardship license is the installation of an ignition interlock device for at least the hardship period. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.

  Attorney DelSignore’s advice to those with 3rd and higher offense OUI charges: Any third and subsequent offense OUI charge is a felony and carries mandatory jail time. All third and higher offense OUI charges are likely to raises issues of bail at arraignment. You should speak to an experience DUI lawyer immediately to help prepare your OUI defense.

FOURTH OFFENSE

• Incarceration: Not less than 2 years (1 year Minimum Mandatory), not more than 5 years (Felony status)
• License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years
• Fine $1,500-$25,000
• A condition of any hardship license is the installation of an ignition interlock device for at least the hardship period. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.

FIFTH OFFENSE

• Incarceration: Not less than 2.5 years (24 mos. Minimum Mandatory), not more than 5 years (Felony Status)
• License for life, no possibility of hardship
• Fine $2,00-$50,000

LICENSE REINSTATEMENT FEES

• First Offense $500.00
• Second Offense $700.00
• Third Offense $1,200.00