Massachusetts Personal Injury Library
Massachusetts OUI Laws: Melanie's Law (Part B)
Manslaughter by Motor Vehicle
Melanie’s Law creates a new crime of Manslaughter by Motor Vehicle. Any drunk driver who commits manslaughter shall be convicted of Manslaughter by Motor Vehicle.
Penalties for Manslaughter while Under the Influence of Alcohol or Drugs
- 5 year minimum mandatory sentence,
- 20 years maximum imprisonment in state prison,
- a fine of not more than $25,000,
- 15 years – lifetime license suspension.
Motor Vehicle Homicide
Melanie's Law increases the length of license suspension from 10 years to a minimum of 15 years for a conviction of Motor Vehicle Homicide.
Ignition Interlock Devices
Starting January 1, 2006, any driver with a second or subsequent operating under the influence offense who is eligible for a hardship license or for license reinstatement will be required to have an Ignition Interlock Device attached to any vehicle the driver owns, leases, or operates (including an employer's vehicle) at the driver's expense.
The goal of this device is to protect both the public and the driver from continued unlawful operation of a motor vehicle. Massachusetts now joins a majority of states in utilizing this technology.
A driver with a hardship license must use the device for the entire life of the hardship license and for two additional years after the license has been reinstated.
If a driver with two or more OUI offenses is eligible for license reinstatement, the Ignition Interlock Device will be required for two years. This two-year period is mandatory (even if the device was used with a hardship license).
Installation of the Ignition Interlock Device is a mandatory condition of the issuance of a hardship license or of license reinstatement.
Once the device is installed, a driver will be required to pass a breath test before starting the vehicle. Any blood alcohol reading of greater than .02 will prevent the vehicle from starting. Every 30 days, the driver must return to the vendor, who will upload and transfer data from the device to the RMV.
Failure to comply with the Ignition Interlock Device requirements under the law will result in a license revocation from 10 years to life.
Victims of Drunken Driving Accidents
If you have suffered a traumatic injury as a result of a drunk driving accident in Massachusetts, the Boston personal injury lawyers at Kiley Law Group are here to help you secure the compensation you deserve.
Call 1-888-208-1695 for a Free Consultation.
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