Massachusetts DUI Attorney Blog

Massachusetts OUI offenders who are convicted of their second offense are mandated to have breath test ignition devices installed in their vehicles. There are only fifteen states that require all convicted drink drivers, including first time offenders to use these devices. Massachusetts OUI law and some other states have laws that only mandate these devices after a second DUI offense. The ignition interlock prevents a driver from starting the engine if his/her blood alcohol exceeds a preset limit. The goal of this device is to protect both the public and the driver from continued unlawful operation of a motor vehicle.

Congress has been putting more effort into getting more states to require convicted drunk drivers to test their breath for alcohol before getting behind a steering wheel. A House transportation bill that was just proposed would offer additional highway funds to states that require ignition interlock devices for DUI offenders.

Melanie's Law was signed into law on October 28, 2005. Its purpose is to enhance the
penalties and administrative sanctions for Operating Under the Influence (OUI) offenders in Massachusetts. According to this law, any driver with a second or subsequent OUI who is eligible for a hardship license or for license reinstatement will be
required to have an Ignition Interlock Device attached to any vehicle the driver owns, leases, or operates (including an employer's vehicle) at the driver's expense.
A driver with a hardship license must use the device for the entire life of the hardship license and for two additional years after the license has been reinstated.
If a driver with two or more OUI offenses is eligible for license reinstatement, the Ignition
Interlock Device will be required for two years.

The Los Angeles Times reports that Los Angeles County and other California counties have installed these ignition devices for DUI offenders and is running a pilot study now through 2016. There is an on going national debate as to whether or not this breath test ignition devices are effective. The idea of requiring the devices for all drunk drivers nation wide is opposed by the American Beverage Institute. They feel that the use of the interlocks would "deny judges the ability to distinguish between a driver one sip over the limit and high -BAC repeat offenders." Many argue that dangling money in front of these financially strapped states to nudge them into requiring these devices is not justifiable.

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From portable breathalyzer tests, to ignition interlock devices, to the next big thing in drunk driving prevention, technology is playing an increasing role in law enforcement enforcement practices, the Boston Globe reported.

As we reported earlier this summer on our Massachusetts DUI Attorney Blog, New York recently passed a law requiring ignition interlock devices for all first-time drunk driving offenders. The devices force a driver to blow into them and conduct a breath test before permitting a car to start. Massachusetts OUI laws only require the devices for second or subsequent offenses.

Now a new generation of detection devices are being developed that work with the touch of a button, analyzing the blood-alcohol level of anyone who gets behind the wheel.

Privacy concerns aside -- and there are some real legitimate privacy concerns -- the increasing reliance on technology has a significant impact on the defense of OUI cases in Massachusetts. Field sobriety tests are little more than the subjective opinion of an officer as to a motorist's level of intoxication. Portable breathalyzers are notoriously unreliable and even breathalyzer machines upon which BAC results rely can be corrupted by poor maintenance, operator error and a host of other factors. In Florida, defense lawyers have successfully argued for the released of the computer code upon which the machines operate. The breathalyzer company is arguing trade secrets has thus far defied a court order for release of the information sought by defense attorneys for use in defending motorists accused of driving with a BAC over the legal limit of .08.

As new technology is introduced, it will be all the more critical to select a Massachusetts OUI lawyer with the knowledge and experience to provide a comprehensive defense.

Presently, the National Highway Traffic Safety Administration is spearheading a $10 million effort to create the high-tech instruments. Ultimately, the devices could become standard in cars, much like seat belts or airbags. A defense contractor in Waltham is testing prototypes as part of a five-year effort that ends in 2013.

Cost and size are currently hurdles, with prototypes running to the size of a shoe box or larger. And automotive analysts warn that device malfunctions could be a serious inconvenience to sober drivers and may even cause a safety hazard.

Continue reading "Technology will continue to impact OUI defense in Massachusetts" »

New York will require ignition interlock devices for all first-time drunk drivers, the New York Times reported.

Under current Massachusetts law, ignition interlock devices are not required unless a defendant is convicted of a second or subsequent offense. The devices require a vehicle's owner to pass an alcohol breath test before a vehicle will start. New York is the latest state to make them mandatory for all offenders. The ever-increasing penalties for drunk driving convictions make it critical to hire an experienced Massachusetts OUI defense attorney to challenge a drunk driving charge. First-time offenses often can be taken to trial with little risk. Escalating penalties for subsequent offenses make it more important than ever to keep a first offense off your record.

New York's zero tolerance police will take effect Aug. 15. Anyone convicted of violating the state's drunk driving law will be required to install an ignition interlock breathalyzer device for a minimum period of at least six months.

New York is the 10th state to require the devices for all first-time offenders. Drivers must also pay a monthly lease fee of $70 to $110 and an installment fee of up to $100. The state has an average of 25,000 drunk driving arrests annually, including about 4,000 in New York City.

The devices have a low tolerance for alcohol. In New York, they will prevent a car from starting if a blood-alcohol level of .025 is detected, or about one-fourth of the legal limit of .08. Attempting to fool the devices by having someone else blow into them is a misdemeanor offense. And some devices are installed with a camera and require a rolling re-test after a period of 5 to 15 minutes, in an effort to make them more difficult to fool.

A failed test results in a beeping horn and an increasingly loud noise from the unit. It can also be programmed to restrict driving hours.

Continue reading "New York mandates interlock devices for first time OUI offenders" »

As a Massachusetts drunk driving criminal defense attorney, I was surprised to see that the Stoughton police made five intoxicated driving arrests in one day recently. As is routine in Massachusetts OUI cases, all five had their driver's licenses seized. All of the drivers were released on bail or on their own recognizance.

Most of the arrests were for first OUI offenses. But one 49-year-old Stoughton man was arrested on a second and more serious drunk driving charge. Around 2 a.m. on Feb. 20, a Stoughton police officer spotted a vehicle speeding on Central Street. He also heard a loud noise and realized that both passenger-side tires had blown out, causing them to smoke as the vehicle moved. When the officer stopped this driver, he found an open container of an unspecified type of alcohol. Richard Eugene Tweedy was charged with having an open container in a motor vehicle, as well as with a second-offense OUI. He was arraigned in Stoughton District Court and will have to return to court in April.

The help of an experienced Massachusetts OUI lawyer is crucial in a case like this, because the penalties for a second OUI are more severe than for a first offense. With a conviction for a second-offense OUI, drivers face mandatory 30-day jail sentences. They lose their licenses for two years -- not just one -- and must wait 18 months rather than three before they're eligible for a hardship license that lets them get to work or school. If they do get the hardship licenses, they must install ignition interlock devices, at their own expense, in their vehicles for two years. They also are required to go to alcohol or drug treatment and, at the judge's discretion, can even serve up to two and a half years of jail time. There are exceptions, but by far the best way to avoid these harsh second-OUI penalties is to avoid having a first OUI to begin with. That's why you should hire an Massachusetts OUI defense attorney to handle any first charge, before it can set you up for harsh, avoidable penalties down the road.

Continue reading "Stoughton Man Charged With Second Offense OUI in Stoughton District Court" »

Under Massachusetts DUI law, a first offender convicted of an OUI will generally suffer a 45 day loss of license and be required to complete and alcohol education program known as the 24D program. It is only with a second offense OUI conviction that Massachusetts imposes the requirement that a motorist have the ignition interlock device installed prior to restoration of a Massachusetts driver's license.

Proposed legislation in Congress if passed would deny federal highway funds to states that do not impose ignition interlock requirements on 1st time DUI offenders. Numerous states have already begun to require ignition interlock devices for 1st offense DUI convictions.

What is often overlooked in the debate over the interlock device is the cost to the operator of installing the device, such as the costly installation fee and monthly service fees. The debate over the expansion of the ignition interlock device makes it crucial to avoid a 1st offense conviction for DUI because even if your conviction occurs prior to any change in the law, the Registry of Motor Vehicles may still require the installation of the ignition interlock device, either because your license has not been reinstated or as a condition of renewal of a drivers license. Since most judges impose essentially the same disposition even after a conviction after trial, the importance of retaining an experienced Massachusetts DUI lawyer has never been more important and is crucial to preserve your driver's license.

A motorist convicted of a second offense Massachusetts DUI appealed to the Massachusetts Appeals Court, claiming that the requirement that he install the ignition interlock device in his vehicle prior to reinstatement violated his rights under the State and federal constitution. Under Massachusetts statute, any motorist convicted of a second or greater offense DUI in Massachusetts or any other state, is required to have an ignition interlock device installed in their vehicle for two years prior to reinstatement of a Massachusetts driver's license.

In the case of the Registry of Motor Vehicles v. Gordon, the motorist had been convicted of a First offense Massachusetts OUI in 1989 and received a second offense conviction in 2003. The motorist was eligible for reinstatement in December of 2005, but did not seek reinstatement until January of 2006, two days after the ignition interlock component of Melanie's law went into effect.

The court rejected the motorist's challenges to the ignition interlock requirement for second offense OUI convictions and upheld the statute against Constitutional challenges. The Gordon case reaffirms the Constitutionality of the strict and harsh penalties imposed on drivers convicted of a second or subsequent offense DUI.

Continue reading "Ignition interlock device upheld for Second offense Massachusetts DUI conviction" »

In Massachusetts, any motorist convicted of a second of subsequent offense of operating under the influence of alcohol must have the ignition interlock device installed before the Registry of Motor Vehicles will issue a hardship license. Chapter 90 § 24 ½ requires the ignition interlock to be installed prior to the Registry of Motor Vehicles issuing any hardship license for a second or subsequent Massachusetts OUI or DUI offense in Massachusetts. This requirement also applies to out of state convictions, so the RMV will review your entire driving record to determine how many prior OUI offenses you have. Sometimes the prosecutor will be unaware of a prior OUI and may charge a lower offense than your record would warrant; however, the RMV will issue any license suspension according to its records independent of the offense level charged by the court. Sometimes a prosecutor will voluntarily agree to reduce an offense level in exchange for a plea. While that will reduce the sentence imposed by the court, the license consequences will be the same as the Registry will issue any suspension based on its own records.

Continue reading "Second Offense DUI in Massachusetts and Ignition Interlock Device" »