Capturing the Spirit of the New OUI Law
December 16, 2005
Robert S. Murphy, Jr., Esquire
On October 28, 2005 Governor Romney signed "Melanie's Law," an act that significantly increases penalties and creates new offenses for drunk drivers in Massachusetts. Most provisions of the statute became effective in October, but other provisions do not take effect until January 1, 2006.
Changes to the Operation While Under the Influence of Alcohol (OUI) statute are broad and far reaching. In an effort to combat repeat offenders' tendency to refuse a breath test, license suspensions for breath test refusal have been drastically increased. A first offender who refuses a breath test faces a license suspension of one hundred eighty (180) days. This is unchanged from prior law, but people with one previous OUI conviction or any driver under 21 years of age who refuse the breath test face a license suspension of three (3) years. Drivers with two previous OUI violations who refuse the breath test have their license suspended for five (5) years. A driver with three previous OUI convictions faces a lifetime license suspension. The law provides that the above-mentioned driving privileges shall not be restored and hardship licenses shall not be issued during the suspension period for refusing a breath test.
Under the old OUI law, a person arrested for driving under the influence...
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