Massachusetts Personal Injury Library
Massachusetts OUI Laws: Melanie's Law (Part A)
The Massachusetts OUI Law, also known as “Melanie’s Law” was signed into law on October 28, 2005.
Its purpose is to enhance the penalties and administrative sanctions for Operating Under the Influence (OUI) offenders in Massachusetts. The information below highlights the new penalties under the law and those sections that pertain to RMV suspensions.
Penalties Under Melanie’s Law
Operating Under the Influence of Alcohol While Already Suspended for OUI Melanie’s Law establishes a new offense of Operating Under the Influence of Alcohol and Operating After Suspension for Drunk Driving.
This means that a driver, who was driving under the influence of alcohol while his/her license was already suspended for OUI, can be charged with two crimes at once:
- OUI, and
- OUI with a suspended license.
This additional offense carries a minimum of a 1-year mandatory jail sentence.
OUI while operating after a suspension for a previous OUI offense
Penalty:
- 1-year minimum mandatory sentence,
- 2 ½ years imprisonment in a house of correction, and
- fine of $2,500 – $10,000
- 1 year license suspension
Employing or Allowing an Unlicensed Operator to Operate a Motor Vehicle
Melanie’s Law has defined the penalties for allowing or employing an unlicensed driver (including relatives, friends, or known acquaintances) to drive a motor vehicle.
No person shall employ an individual with a suspended license as a motor vehicle operator
Penalty:
- 1st Offense = up to a $500 fine,
- 2nd Offense = up to 1 year imprisonment in a house of correction and/or a fine up to $1000
- License and/or registration suspension up to 1 year
No person shall allow a vehicle owned by him/her or under his/her control to be operated by an unlicensed person
Penalty:
- 1st Offense = 1 year imprisonment in a house of correction and a fine of not more than $500
- 2nd Offense = 2 ½ years imprisonment in a house of correction and/or a fine of up to $1000
- License and/or registration suspension up to 1 year
No person shall allow an individual with an Ignition Interlock restriction to operate a vehicle not equipped with the device
Penalty:
- 1st Offense = 1 year imprisonment in a house of correction and a fine of up to $500
- 2nd Offense = up to 2 ½ years imprisonment in a house of correction and/or a fine of up to $1000
- License and/or registration suspension up to 1 year
Child Endangerment While Operating a Motor Vehicle Under Influence of Alcohol
Melanie’s Law creates a new crime of Operating a Motor Vehicle Under the Influence of Alcohol With a Child 14 Years of Age or Younger in the Vehicle.
This means that a driver can be charged with two crimes at once:
- OUI, and
- Child Endangerment While OUI.
Penalties for OUI with a Child in the Vehicle
Sometimes, drunk drivers put innocent lives at risk when they operate under the influence with children under 14 in the vehicle.
Penalty:
- 1st Offense = 90 days – 2 ½ years imprisonment in a house of correction, and a $1,000-$5,000 fine.
- 2nd Offense = 6 months – 2 ½ years in a house of correction and a fine of $5000 – $10,000, or 3-5 years in a state prison
- 1st Offense= 1 year license suspension
- 2nd Offense = 3 year license suspension
Registration Cancellation
Melanie’s Law allows the Registry to cancel the registration plates of anyone convicted of a 3rd or subsequent alcohol-related driving offense for the duration of the suspension period.
Vehicle Forfeiture
Melanie’s Law allows a District Attorney to seek forfeiture of a motor vehicle for any defendant convicted of a 4th or subsequent alcohol-related driving offense.
Chemical Test Refusal or Failure
Melanie’s Law eliminates the allowance of a 15-day temporary license. In addition, the operator’s vehicle will be impounded for 12 hours. The license suspension periods for refusing a chemical test have increased as well. See the suspension table on the next page.
Continue to Massachusetts OUI Laws: Melanie’s Law (Part B) >>
