Melanie's Law in Southeastern Massachusetts
How Melanie's Law may affect your DUI Charge
Melanie's Law was enacted to increase the penalties and restriction for Operating Under the Influence (OUI) Among the many changes, one of them instituted was an interlock ignition program for repeat offenders. This requires you to have this device on your vehicle to test your blood alcohol level prior to starting your car for a period of two years. It is also instituted for various other charges involving DUI.
Melanie's Law also established a new offense if you are driving under the influence when your license is already suspended. You can now be charged for two crimes at once, the OUI and driving with a suspended license. This additional offense carries a minimum of a 1-year mandatory jail sentence.
If you allow or employ an unlicensed driver, Melanie's Law updated the penalties for this crime.
Also included as a new crime under Melanie's Law is that of Child Endangerment, if you are caught driving under the influence with a child 14 years old or younger in the vehicle with you. Again, you will be charged for two separate crimes, the OUI and Child Endangerment.
Melanie's Law allows the Registry to cancel your registration if convicted of a 3rd or subsequent alcohol-related driving offense during the suspension period.
Melanie's Law allows the District Attorney to seek surrender of your motor vehicle for if you are convicted of a 4th or subsequent alcohol-related driving offense.
Melanie's Law now causes an immediate suspension of your license if you are charged with OUI as reported by a police officer. You vehicle may also be impounded for 12 hours.
The license suspension periods for refusing a breath test or breathalyzer have increased as well. The refusal penalties are:
- 180 days for 1st offense Breath Test Refusal
- 3 year suspension for 2nd offense Breath Test Refusal
- 5 year suspension for 3rd offense Breath Test Refusal
- Lifetime Loss of License for 4th offense Breath Test Refusal
Melanie's Law created a new crime of Manslaughter by Motor Vehicle. If a driver under the influence of alcohol causes the death of another he may be convicted of this crime.
Aggressive DUI Attorney in Cape Cod
As you can see by the severity of these new laws, you need a highly skilled DUI Defense Lawyer at your side protecting your rights.
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Our Southeastern Massachusetts DUI Defense Attorneys understand that people get arrested for drunk driving on the South Shore, South Coast and Cape Cod at all hours and need solid legal advice right away. When you need effective, strategic defense, contact us 7 days a week, 24 hours a day at (800) 838-6684. We answer our phones at night and on the weekend - we even meet clients at our Woburn, Norwood, or Worcester offices on Sundays!