Massachusetts DUI Law : Mass Lawyer & Attorney for Drunk Driving Arrests in Boston, Worcester, Framingham

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In accordance with G.L. c. 90 Sec. 24.5, the Massachusetts Registry of Motor Vehicles requires anyone with 2 or more DUI convictions on his or her record, no matter where or when they occurred, who is getting a full license or coming off of a DUI hardship license on or after January 1, 2006 to have an ignition interlock device installed in any vehicle which the DUI offender owns, leases, or drives for a period of two years. The Registry also requires mandatory use of the breath alcohol ignition interlock device while the repeat offender is on a DUI hardship license. These requirements were implemented as a result of Melanie's Law. 

The ignition interlock device is not an evidentiary breath test instrument, even though it is used as such. The device has nowhere near the reliability and accuracy of an evidentiary breathalyzer, such as those used in DUI cases. The interlock device is a lockout device, the purpose of which is to lock the ignition of a driver who has a blood alcohol content which registers above a certain pre-set limit. In Massachusetts, that limit is .02. 

Notwithstanding the lack of scientific accuracy of ignition interlock devices, the Registry relies on their readings to impose 10 year or lifetime license revocations. The Registry has an interlock violation hearing process, whereby it provides the alleged interlock violator with a notice of the violations and an opportunity to explain them. In administering the Massachusetts ignition interlock program, the RMV has a difficult job. It must evaluate the IID readings and consider the user’s explanation for them to decide whether or not to take action against the driver’s license. The wrong decision results in either allowing someone to continue to drive who may be a danger to public safety or unfairly revoking someone’s license for 10 years or life. 

The interlock device is far from perfect and false positive alcohol readings sometimes occur. If this happens to you, you should immediately document all of the facts and circumstances of the incident. Important details include: the time and date of the incident, where you were coming from and going to, what happened immediately before the incident, whether you were eating or drinking anything, possible sources of breath sample contamination, the ideates of any witnesses, anything that would help describe or explain what happened, and any communication with the interlock company or service provider regarding the incident. Your notes regarding the alleged interlock violation should be as detailed as possible and made as close in time to the event as possible. 

Many interlock users panic when their devices register alcohol and they immediately turn the ignition off. To the Registry, this may look like incriminating evidence. In other words, it may appear as if the user really had alcohol on his or her breath and he or she turned the vehicle off to avoid additional alcohol readings. The better course of action is to leave the vehicle running and comply with any rolling re-tests. By taking follow-up re-tests, you are providing additional breath samples which, in most cases, show a sharp decline in alcohol readings. 

If feasible, you should immediately go to a police station or hospital emergency room and request a comparison breath or blood alcohol test. This is powerful exculpatory evidence which can be used to refute the false positive interlock reading. If the police refuse to conduct an evidentiary breath test, you should ask them for a preliminary breath test or PBT. In any event, you should request that the police make a log entry wherein they not your situation. 

In the event of a false positive alcohol reading which trigger a lockout, it is usually advisable to proactively notify the Registry’s interlock unit of the situation. By submitting a detailed letter to the RMV explaining exactly what happened and why the interlock alcohol reading is false, you may be able to avoid a Registry interlock violation hearing and possible a 10 year or lifetime license revocation. At minimum, you should record all of the facts and circumstances, as described above. 

If the Registry has charged you with an ignition interlock violation, do not take this situation lightly. Many believe that the Registry will not actually revoke someone’s license for 10 year or life because of an interlock violation, only to learn that they are wrong. The Registry routinely revokes licenses because of IID violations. By following the steps listed above, you may be able to prevent the loss of your license because of a false positive alcohol reading.