The Massachusetts drunk driving laws provide for a lifetime lookback period, when counting prior offenses to determine the length of DUI license suspensions and the severity of the criminal penalties which are imposed upon conviction. This means that a decision to plead out now may affect you for years to come.

Many believe that the lifetime lookback provision of Melanie’s law is unfair and unconstitutional. However unfair it may be, it is not unconstitutional. Melanie’s Law is not an “ex post facto” law. Also, using an old DUI conviction against someone who re-offends no matter how many years later does not constitute “double jeopardy.” Also, the lifetime lookback provision of Melanie’s law does not violate the Due Process clause of the Constitution.

For better or worse, Melanie’s law is constitutional, legal, and here to stay. In fact, some say that it may get tougher in the future.

In my busy law practice, I have encountered countless clients who have prior DUI offenses on their records which were the product of plea bargains. The pleas were entered based on what the law was at the time. Now, since the drunk driving laws have become stricter and the penalties have been substantially enhanced, clients are regretting what seemed like a good idea many years ago.

Natick Mass. DUI prosecutors and the Registry of Motor Vehicles have access to databases containing DUI arrest and conviction data going back many years. Their record access is not limited to Massachusetts and they can and have obtained out of state DUI conviction records, which also could as prior offenses. Therefore, it is unlikely that the court, prosecutor, or Registry will not discover a prior drunk driving offense, no matter how long ago it was committed.