Massachusetts Personal Injury Library
Massachusetts OUI Laws (Part B)
Melanie’s Law
Massachusetts has strict penalties for drunk driving largely because of Melanie’s Law. This law went into effect in October 2005, and its purpose was to increase the penalties for Massachusetts OUI offenders.
Melanie’s law establishes stricter penalties for drunk drivers who are driving on a suspended license because of a previous Massachusetts OUI conviction. Under Melanie’s law, drunk drivers in Massachusetts can be charged with both an OUI and “OUI with suspended license.” If convicted of this drunk driving offense, the driver will face a minimum of 1 year in prison.
If a suspected drunk driver refuses to take a chemical test, this Massachusetts OUI law mandates a minimum driver’s license suspension of 180 days. If the driver has a previous OUI conviction, the suspension time will be even higher.
Melanie’s Law also requires drivers with more than one Massachusetts OUI offense to use an ignition interlock device in order to have their license reinstated.
Melanie’s law also creates strict new penalties for those who cause fatal car accidents while operating under the influence. Massachusetts OUI law now recognizes “manslaughter by motor vehicle,” which carries a minimum 5-year jail sentence, a $25,000 fine and a license suspension up to 25 years.
Origins of Melanie’s Law
Melanie’s Law is named for Melanie Powell, a 13-year-old Massachusetts girl who was killed when she was struck by a car driven by Pamela Murphy. Murphy had a previous conviction for driving under the influence, and she served just 2 years in prison for Melanie’s death. Murphy attempted to flee the scene until bystanders stopped her. Melanie’s body was propelled through the windshield and she was taken off life support shortly after the accident.
If you have been injured by a drunk driver, or have suffered the loss of a family member because of drunk driving, you need a Massachusetts car accident attorney who will fight for you and your family.
How a Massachusetts Car Accident Attorney Can Help
Despite these criminal proceedings, in order to recover compensation for your injuries and damages after a Massachusetts OUI accident, you’ll need to hire a Massachusetts car accident accident attorney who can help you file a personal injury claim against the drunk driver.
The Kiley Law Group, located in Andover, Massachusetts, takes time when speaking with you about your case and works with you on a contingent fee basis so there are NO FEES unless our trained Andover personal injury lawyers wins your case. Contact us today for a FREE evaluation of your case – 1-888-208-1695.
