MELANIE'S LAW & PENALTIES 

"Melanie's Law" was enacted into law in late 2005.  Its purpose is to enhance the penalties for drivers convicted of Operating a motor vehicle Under the Influence (OUI) of alcohol or drugs. 

Massachusetts OUI penalties have some of the steepest maximum fines in the country.  Repeat Offenders could end up with $50,000 in fines, and Breath Test Refusals result in a driver's license suspension of 180 days to 3 years. 

Of great importance is that Massachusetts has a lifetime look-back for all prior OUI convictions - whether it's within or outside of Massachusetts. 

The laws listed below are currently in effect:
 

Operating Under the Influence of Alcohol or Drugs

• 1^st Offense - For drivers 21 years of age or older, a $500-$5,000 fine, jail sentence of up to 2 ½ years, license suspension up to six months (longer for Breath Test Refusals). 
  
  Alternative Disposition:  Defendant pleads to a "continuance without a finding," acknowledging that there are sufficient facts to establish guilt, but bargains for a no guilty verdict, while at the same time, acknowledging the charge will still count as a prior offense or probation violation if there's trouble with the law again.  
  
  Associated with the offense are fines and court fees (well over $2,000), some hidden costs, impoundment of motor vehicle for 12 hours, and unsupervised probation for one year.  Additionally, the Commonwealth now requires mandatory participation in a four-month Alcohol Education Program.
  
  
• 2^nd Offense - For drivers 21 years of age or older, fines of up to $10,000 (most are less than $5,000), jail sentence of two months to 2 ½ years (30 days mandatory), license suspension for two years (longer for Breath Test Refusals), required Ignition Interlock Device (IID) upon license reinstatement. 
  
  Alternative Disposition:  Defendant gets two years probation, agrees to a two-week alcohol treatment program, and two year suspension.
  
  
• Under 21 OUI - License loss of 390 days (reduced if driver enrolls in a special underage drinking program).  

Breath Test Refusals

Because any licensed driver in  Massachusetts has given their consent to submit to a breath test if police have probable cause to suspect they were operating under the influence of alcohol or drugs, a driver who refuses to provide a breath test sample can face harsh license penalties. 

These penalties include:  

• The vehicle will be impounded for 12 hours after the arrest
  
  
• First offender: 180 days (Under 21:  3 years)
  
  

• Second offender: 3 years (but a continuance without a finding does not count as a prior conviction for these purposes).