Melanie's Law

"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 enormous fines. Failure to take the breathalyzer test could result in a driver's license suspension of 180 days to 3 years. Please remember that Massachusetts now has a lifetime look-back for all prior OUI convictions, this is different than the previous ten year look back period.


Here are the current laws if you are convicted of OUI or agree to a plea bargain prior to trial:
     
     First Offense                   

• Fine: $500 to $5,000
• Jail: No minimum to 2.5 years
• Driver's license suspension: one year

Drivers arrested for a first OUI offense can get their sentences reduced by agreeing to complete a state-approved alcohol education program. This is not an option after the first offense.

Second Offense

• Fine: $600 to $10,000
• Jail: 30 days to 2.5 years
• Driver's license suspension: two years

Third Offense (felony)

• Fine: $1,000 to $15,000
• Jail: 150 days to five years
• Suspension: eight years

Fourth Offense (felony)

• Fine: $1,500 to $25,000
• Jail: one to five years
• Suspension: 10 years

Fifth Offense (felony)

• Fine: $20,000 to $50,000
• Jail: two to five years
• Suspension: lifetime

Here are the current penalties for refusing to take the breathalyzer test:

• First Offense: Automatic 180 Day Suspension 
• Second Offense (or an offender who is under 21): 3 Years License Loss 
• Third Offense: 5 Years
• Fourth Offense: 10 Years 
• Fifth Offense: Life, prior offenses are subject to a lifetime look back provision and including any prior OUI or drunk driving history. 
 *If you refuse to take the breathalyzer it is an automatic 180 day loss of license versus 30 Days if you Take and then Fail the test by Blowing .08 or above   

If you have been arrested for OUI in Massachusetts, contact Attorney Gomes immediately at (617) 265-2700 x106.