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Massachusetts Ignition Interlock Devices

Massachusetts Law Regarding Ignition Interlock Devices (IIDs)

Melanie's Law became effective in Massachusetts on October 28, 2005. This legislation requires Ignition Interlock Devices (IIDs) for any OUI (operating under the influence) offender with two or more offenses who is eligible for reinstatement of his or her driver's license or a hardship license. Hardship licenses are granted only if the defendant can prove no access to public transportation.

The device functions as a breathalizer, detecting blood alcohol content (BAC) before allowing the operator to start the vehicle. Additionally, the IID requires periodic measurement while driving ("rolling retest") and will sound an alarm if the driver does not comply. To prevent a safety hazard to other drivers, the device does not simply stop the vehicle in the case of missed or failed rolling retest. This system is designed to prevent a friend from blowing into the IID and allowing the offender to drive away while intoxicated.

Expenses to the OUI offender include the initial expense installing the system, leasing fees, and monthly calibration and maintenance charges.

Data is uploaded during maintenance checks and forwarded to the Registry of Motor Vehicle (RMV). Several circumstances will result in a ten-year revocation of the license:

• Missing a rolling retest or failing a retest with a BAC of 0.2-0.5 any TWO times within a service period (30 days). A subsequent offense when the license is reinstated will result in lifetime suspension of the license.
• Failing a retest with a BAC of more than 0.5 even ONCE. A second offense will result in lifetime suspension of the license.
• Failing to appear for a service appointment even ONCE.
• Tampering with the the IID.
• Removing the IID.
• Driving any vehicle without an IID installed.

With the exception of the last two offenses, each of the above will result in a lockout, meaning the car cannot be started until the IID vendor resets it. There is a grace period of 48 hours after lockout during which the vehicle may be driven to the vendor. After 48 hours, the vehicle must be towed to the vendor site. Upon any lockout incident, an RMV hearing will be scheduled.

IID's are associated with lower recidivism. In other words, those with installed IID devices are less likely to drive while intoxicated. Surprisingly, there is some evidence to suggest that even those do not install the device after being ordered to do so also have reduced incidents of subsequent DUI offenses. One population in whom the devices appear comparatively ineffective are first-time offenders with high blood alcohol levels.