In response to increased political pressure and a demand for stronger punishment for those convicted of driving while under the influence, the Massachusetts Legislature passed Melanie’s Law, an act designed to increase punishment for DUI in Massachusetts. Melanie’s Law imposes larger fines, increased jail terms, and longer license suspensions for being convicted of operating under the influence. It also makes it easier to convict a person for driving under the influence, because prosecutors can obtain a DWI conviction by showing that a person drove a vehicle on a public way or place where the public has a right of access with a blood alcohol content at or above .08, the legal limit in Massachusetts. Some may say that Melanie’s law does not go far enough in punishing persons convicted of DUI. However, as the Mass. DUI penalties increase, and our drunk driving laws become more complex, there exists the potential for wrongful convictions. Because of the complexities associated with Massachusetts drunk driving cases, the days of putting your fate in the hands of a general practitioner or some other non-specialist are over. Fortunately, there are dedicated DUI lawyers who are available to help. Call today for a free consultation and review of your Massachusetts drunk driving case.

• Melanie’s Law created a new crime of operating after suspension for OUI. A conviction carries an automatic license suspension and minimum mandatory 60 day jail sentence.

• The law also contains a new crime of OUI while suspended for OUI. This carries a minimum mandatory 1 year jail sentence and 1 year license suspension.

• Knowingly allowing someone to drive your vehicle while their license is suspended is a new crime created by Melanie’s Law. A conviction can trigger a license or registration suspension.

• Committing an OUI with a child 14 years of age or younger in the vehicle constitutes child endangerment which carries a minimum mandatory sentence of 90 days in jail and a 1 year license suspension.

• Melanie’s Law allows the Registry to revoke the license plates of certain repeat DUI offenders.

• Vehicle forfeiture is allowed for those convicted of a 4^th or subsequent alcohol-related driving violation.

• Melanie’s law increased the license suspension period for vehicular homicide from 10 to 15 years.

• Ignition interlock device usage is mandatory for anyone convicted of 2 or more DUIs.

• Prior drunk driving convictions are now easier to prove, because prosecutors can rely on official court and Registry records.

Attorney Brian E. Simoneau is an expert in all aspects of Melanie's Law. Contact him today at 508-656-0057 for a free consultation.