Melanie's Law: Constitutional, Enforceable, and Likely to Get Tougher
I am writing to dispel some myths and misconceptions regarding Melanie's Law, St. 2005, c. 122, which was an act to increase the penalties for drunk drivers in Massachusetts, which was passed and approved on October 28, 2005.
Melanie's law substantially increased the penalties for refusing the breathalyzer and operating under the influence in Massachusetts. It also implemented strict requirements regarding the use of ignition interlock devices for second and subsequent DUI offenders. Under Melanie's Law, there is a lifetime look back period when counting prior offenses.
Many believe that Melanie's Law is unconstitutional because it is "ex post facto." Individuals suffering with long license suspensions and revocations, and those forced to use the ignition interlock device, have expressed a desire to challenge the law on constitutional grounds. Others hope that the Legislature will amend the law to soften its impact. The reality is neither the law makers nor the courts are going to, in any way, water down Melanie's Law. In fact, there is legislation pending to make Melanie's Law even tougher. Indeed, Massachusetts DUI laws are very likely to get more stringent in the future.
In the recent case of Joseph Gordon v. Registry of Motor Vehicles, Gordon challenged the Registry's requirement that he use an ignition interlock device. He based his challenge on the fact that the interlock requirement, which was triggered by two DUI convictions which pre-dated Melanie's Law by several years, violated his constitutional right to be free from "ex post facto" laws. The Massachusetts Appeals Court determined that holding a driver's license is a privilege and not a right. It further determined that Melanie's Law was constitutional and not an "ex post facto law."
The Registry can legally go back into your record for your entire lifetime to find old DUI convictions, to determine the length of a driver's OUI license suspension. It also can use those old OUI convictions to require any repeat OUI offender who is reinstating his or her license, as a result of OUI suspension, on or after January 1, 2006, to use the ignition interlock device during the term of any hardship license and for 2 years after getting a full license. These requirements have been judicially determined to be constitutional and enforceable.
If you have questions regarding how Melanie's Law applies to your particular situation, please contact me for a free consultation and review if your case.
