DUI laws in Massachusetts have gotten much stricter in recent years. Melanie’s Law was introduced to improve Massachusetts DUI laws by raising the bar for individuals with several convictions of driving under the influences of illegal or controlled substances. Melanie’s Law changed the experience of the Massachusetts DUI laws by:
- Penalizing individuals for driving under the influence on a suspended driver’s license, providing the perpetrator with a DUI citation and a citation for DUI with a suspended license, a higher crime.
- Developing stricter penalties for enabling or allowing a suspended driver in operating a motor vehicle illegally.
- Creating a new of crime on the books of operating a motor vehicle under the influence with a child in the vehicle. This means the car owner can be charged with two offenses: driving while intoxicated and driving while intoxicated causing child endangerment.
- Developing a legal cost for wrongful death by motor vehicle.
- Improving the length of license revocation to at least 15 years
- Allowing the termination of tag registration for multiple convictions.
- Allowing a district attorney to seek forfeiture of ownership of vehicles.
- Getting rid of temporary licenses and mandating vehicle impounding upon rejection of an alcohol test.
- Developing a state-run key interlock ignition device system (requiring a car owner to pass a breath analyzer before starting the vehicle).
Under DUI laws in Massachusetts, driving under the influence is also known as OUI or “operating under the influence.” This implies that a car owner has handled a automobile while under the effect of alcoholic beverages or drugs. There are two concepts under which an OUI situation can be charged in Massachusetts. One is OUI, where prosecutors must prove that a person was less able to drive a car properly than he or she would have been had no alcoholic beverages been absorbed. In this form of situation, proof such as causing an action showing poor vehicle driving styles, having the scent of alcoholic beverages on their body or breath, and seeming intoxicated can help the district attorney confirm a case against the person.
There is also the “per se” concept, which indicates that it is unlawful for individuals to drive with a system alcoholic beverages attention stage that is 0.08% or increased. 0.08% is the appropriate control for system alcoholic beverages attention in the state of Massachusetts. In this form of situation, the district attorney simply has to demonstrate that the defendant’s blood alcohol level was 0.08% or increased when the car owner underwent an alcohol test. Massachusetts is unique because, in many states, neglecting to take a number of field sobriety tests can be presented into court to demonstrate that the car owner knew he or she was guilty. In Massachusetts, this rejection cannot be presented in the criminal process and can only revoke driving privileges for up to 180 days.