Article Tries to Spark Controversy Regarding Mass. DUI First Offender Program
In an article entitled “Drunken driving arrest doesn’t keep Milton school official off road,” the Patriot Ledger Newspaper makes a veiled attempt to criticize the Massachusetts Drunk Driving Law, because it allowed Christopher Huban, a member of the Milton School Committee, to obtain a hardship license, after he admitted that there were sufficient facts to convict him of operating under the influence, first offense.
Like most everyone else who is arrested for 1st offense DUI in Massachusetts, Huban was entitled to participate in the Massachusetts 24D Alcohol Program, which reduced his DUI license suspension from 1 year to 45 days. He will be required to complete a 16 week alcohol program and be on probation for 1 year.
The article seems to be written to spark controversy regarding the practice of allowing those arrested for a first offense DUI to get back on the road with a hardship license, so they can continue to work and support their families. In previous articles, the Patriot Ledger has been critical of hardship licensing. The paper fails to recognize the general lack of public transportation in Massachusetts and the resultant need to drive. The loss of a driver’s license can be an extreme punishment which often results in the loss of employment.
In Massachusetts, a hardship license is valid for a pre-determined 12 hour period each day. The article notes that residents were calling the Milton Police Department, when they saw Huban behind the wheel. The police checked his license and determined that he was legally able to drive. Incidentally, being caught driving on a license that is suspended for DUI will result in mandatory jail time.
The Patriot Leger article also mentions that Massachusetts DUI First Offenders may soon be required to use the ignition interlock device, if Mass. Senate Bill 1925, which is sponsored by Sen. Robert Hedlund, (R) Weymouth passes. Currently, under Melanie's Law, the Massachusetts Registry of Motor Vehicles requires second and subsequent DUI offenders to use Ignition Interlock devices, which sometimes register false positive alcohol readings and trigger 10 year or lifetime license suspensions. The devices prevent a vehicle from starting if the driver’s blood alcohol content is above .02, a very low threshold. If enacted, the new Massachusetts Ignition Interlock Law would require OUI first offenders to use the interlock device during the term of any hardship license and for a 6 month period after getting a full license reinstatement. Interlock-required drivers must pay for installation, inspection, and monitoring.
