The penalties for an OUI conviction go up after each subsequent arrest. The state, unlike many others, does not limit the lookback period for OUI convictions. Any lifetime conviction records for impaired driving will affect any future charges in Massachusetts, with each subsequent offense carrying harsher penalties.

Those escalating punishments serve as a deterrent against repeat offenses. The same could be said of court-ordered installation of an ignition interlock device (IID) for those who lose their licenses due to impaired driving. There are two different times when the Massachusetts courts can force someone to install an IID if that person wants to keep driving.

Drivers getting their license back after an OUI suspension have to install an IID

You will usually lose your driving privileges after an arrest and conviction for an impaired driving offense. The length of the suspension reflects the number of offenses on your driving record. Those with many offenses could even have their license suspended for life.

If you do qualify to get your license back after your suspension, you will likely have to install an IID. Usually, the person regaining their license has to have an IID in their vehicle for at least two years. During that time, they have to pay to maintain the IID and perform a test every time they start the vehicle, as well as randomly while they drive.

Those who ask for a hardship license must install an IID

Some people need a license to support themselves and their families and don’t have alternative options for transportation. These individuals may qualify for hardship licenses that allow them to drive for work and to care for their family needs. Typically, they will also need to install an IID as part of this program.

Tampering with the unit, driving a vehicle without an IID installed, driving to a location not permitted in your restrictions or having someone else do the test on your behalf all violate the terms of the restricted license. If you get caught, you might lose your driving privileges and face additional consequences.

Whether you need to protect your license or fight back against a pending OUI charge, understanding how Massachusetts handles driving privileges after an OUI arrest can help you make informed choices.

In fact, a 42-year-old man is now facing such claims after he was reportedly driving a vehicle that was involved in a crash. The incident is said to have happened during the late-night hours of a Saturday in September. Reports claim that a single vehicle crash occurred.

The driver was transported to the hospital by ambulance with minor injuries. Unfortunately, his passenger was seriously injured. The highway was reportedly shut down so a medical helicopter could land on it to transport the 28-year-old man to the hospital. Police issued the driver a summons to appear at court on a charge of operating under the influence of liquor.

Despite law enforcement allegations, it is unclear what led troopers to believe that drunk driving played a role in the crash. Unfortunately, such allegations can have significant long-term impacts. Because of this and because most people feel as if they are unable to make informed decisions due to a lack of experience with the criminal justice system, many ask an experienced attorney to advise them about their options, including choosing which option is best for their individual circumstances.

Per the laws of the Commonwealth of Massachusetts you can and cannot do certain things, including the following:

• You can carry one ounce or less of marijuana on your person.
• You can have 10 ounces or less in your home.
• You can grow six or fewer marijuana plants in your home, which increases to a maximum of 12 plants if one or more other adults live with you.
• You cannot carry an open container of marijuana in the passenger area of your vehicle; you must carry it in a closed container locked in your glove compartment or trunk.
• You cannot drive while under the influence of marijuana.
• Your city, town, employer and/or landlord can set their own marijuana policies by which you must abide.

OUI penalties regarding marijuana

Massachusetts has a “lifetime look back” provision regarding both drugs and alcohol. This means that should officers arrest you for alleged OUI based on marijuana, the court can review your lifetime driving record to see if you have ever received one or more prior convictions for this crime. If so, your new conviction becomes your next higher-numbered conviction.

Even a first-time marijuana OUI conviction carries stiff penalties, including the following:

• Maximum jail sentence of 2-1/2 years
• Probation for up to two years, including the requirement to pay a $65 monthly probation supervision fee
• A fine ranging from $500 to $5,000
• Driver’s license suspension for a maximum of one year

If under the age of 21, you will lose your driver’s license for a mandatory 210 days, with the possibility of an additional 180 days as well.

Failure to pass this test may be conclusive. The Commonwealth can prove that the defendant operated under the influence if they have a blood alcohol level of at least 0.08 percent.

A motorist may explicitly refuse these tests or constructively refuse them by being uncooperative. Refusal may not be expressly or indirectly used at trial. For example, police testimony may not be introduced that the defendant was informed of the right to a breathalyzer test without mentioning the refusal.

Motorists have the right to be warned of the consequences of their refusal to undergo a breathalyzer test. However, they do not possess the right of being informed of the consequences of their failure to pass this test. They do not have the right to consult an attorney when deciding to accede to the request for a breathalyzer.

But, they have the right to have telephone access or to have a qualified interpreter if they are hearing impaired. The test results may be suppressed, or the case dismissed if these rights are denied and denial had an effect on the decision on refusing a breathalyzer test or affected their performance.

Although drivers may refuse to undergo a breathalyzer test, the Massachusetts Registry of Motor Vehicles will suspend their license for 180 days for their first offense. The suspension is three years for a second offense, five years for the third offense and a lifetime for any subsequent offenses.

Upon refusal, the police or court may immediately commence the suspension. They can seize the license and issue a written notice of intent to suspend.

If the driver is acquitted after their criminal trial, they may seek the reinstatement of their driver’s license. If a driver is convicted, the suspension for the conviction begins on an after the refusal suspension. The length of the suspension is based on earlier convictions and not on whether the motorist submitted to a test in other cases.

Melanie’s Law requires multiple OUI offenders, those with at least two alcohol or controlled substance OUI convictions, to install an IID in their vehicles for a specified time. Drivers with a conditional hardship license or who are eligible for license reinstatement after completing suspension license or revocation periods must install this device in their vehicles.

AN IID is a handheld device, the size of a cell phone, that monitors the driver’s breath-alcohol. The motorist must pass an IID breath-alcohol test before they can start their vehicle. There are also re-tests during the operation of the vehicle.

A blood alcohol concentration exceeding .02 percent prevents the vehicle from starting. The BAC must decrease before the IID will allow the vehicle to start. A second failed test will place the vehicle into a lockout and require servicing from the vendor within 48 hours before it will allow the vehicle to start.

A lockout will also occur if there are to failed start-up tests within one to 30 days, one failed rolling retest with a BAC above .02, one missed service visit and two missed rolling retests within one to 30 days.

The minimum IID restriction is two years. An IID issued for a conditional hardship license must remain in the vehicle for the length of the license suspension or revocation plus two years after the reinstatement of full operating privileges. Motorists must apply to the Commonwealth for removal of the IID and the lifting of the license restriction.

An RMV hearings officer must approve a conditional hardship license or reinstatement before an IID may be installed. Affidavits must be submitted.

Drivers should schedule the installation of the device with a vendor, return to the vendor every 25-30 days for scheduled maintenance and data uploads and pay all the required leasing and maintenance fees and a monthly $30.00 program administration fee. Drivers must comply with all rules governing the use of the IID and cannot tamper with it or circumvent the use of the device.

A motorist accused of an OUI should seek legal representation. An attorney can help seek an appropriate resolution of charges.