Alert!!! Melanie’s Law took effect on October 28. It increased refusal periods, increased waiting periods for hardship licenses and requires an ignition interlock device for reinstatement for ALL SUBSEQUENT OFFENDERS. Changes are outlined below in red.
All license losses on a case are added to each other
If you are found not guilty or the case is dismissed, there is a presumption that your license will be reinstated for the rest of the refusal suspension period
Note: Operators under age 21 face additional penalties to the following under c.90,§24P (see elsewhere in these materials)
CHEMICAL TEST FAILURES:
A breath test of .08 for operators over age 21, or .02 for operators under age 21 incurs a 30 day suspension. Note: This suspension terminates at 30 days or with the disposition of the case, whichever is earlier.
Suspensions for Chemical Test Refusals increase when the operator has had previous OUI convictions in their lifetime. Contrary to the popular opinion, the enhanced suspensions are not based on previous refusals.
180 days: Operator who refuses and has no prior OUI convictions.
3 years: Operator who refuses and has one prior OUI conviction.
5 years: Operator who refuses and has two prior OUI convictions.
Lifetime: Operator who refuses and has three or more prior OUI convictions.
UNDER 21 OUI ISSUES
Drivers under 21 are treated differently from their adult counterparts.
NOTE: See "Junior Operator" section for additional under age 18 penalties CHEMICAL TEST REFUSALS
First offense
180 day refusal suspension
Additional 180 day suspension for being under 21
NOTE: The 2nd 180 day suspension under §24P is waivable upon ENTRY into the alcohol program. Second or Subsequent Offenses are the same as the adult suspensions listed above CHEMICAL TEST FAILURES
A breath test of .02 OR GREATER for operators under age 21 incurs a 30 day suspension. Note: This suspension terminates at 30 days or with the disposition of the case, whichever is earlier
IF THE TEST RESULT IS .02 - .05
180 day suspension under NOTE: The 180 day suspension under §24P is waivable upon ENTRY into the alcohol program. Unlike the statue for conviction, completion is not required. If they do not complete the program, we have the authority at that time to reinstitute the suspension.
IF THE TEST RESULT IS .06 OR GREATER
30 day suspension under §24 (1)(f)(2), or until the case ends in court (whichever is shorter)
180 day suspension under §24P (on/after), waivable upon entry into the program.
Applies To: Any person under age 18. Does NOT require the offender to hold a JUNIOR OPERATOR LICENSE.
Provisions: An additional suspension that applies to any driver under age 18 who REFUSES or FAILS (.02 or above) a breath test.
Penalties: 1 year suspension, in addition to the initial refusal or failure suspension.
EXAMPLE: Youth under age 18 who is a first offender and refuses a chemical test faces:
180 day Suspension for refusal pursuant to M.G.L. c. 90, §24(1)(f)(1) and 1 Year Suspension for the Youth Alcohol Program requirement pursuant to M.G.L. c.90, §24P
NOTE: Entry in a Youth Alcohol Program will reduce the YAP suspension to 180 days. Effects of a Not Guilty / Dismissal / Nolle Pros In OUI Cases on Chemical Test Refusals and Failures
When the operator is under a 30 suspension for failing a breath test:
The Not Guilty or Dismissal (incl. Nolle Pros) will terminate the 30 day suspension as soon as the RMV has notice of the court finding.
When the operator is under a 180 day (or more) suspension for refusing the test:
The finding does not automatically terminate the suspension UNLESS IT IS ORDERED BY THE COURT
