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Melanie's Law in Massachusetts

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The utilization of Melanie's Law in Massachusetts brings strict penalties not only for DUI offenders but also for those who enable them to drive.

A driver arrested for DUI, whose license has already been suspended for a previous DUI offense, can be charged with two crimes instead of one: DUI and operating under a suspended license. The penalty is 1 to 2 1/2 years' prison time, a fine of $2,500 to $10,000, and suspension of the driver's license for 1 year.

Additionally, there are new penalties for allowing an unlicensed driver to operate a vehicle. If you emply a person whose license has been suspended as a motor vehicle operator, you can face with a fine of up to $500 (first offense) or up to 1 year of imprisonment and/or a $1,000 fine (second offense), as well as suspension of your license and registration for 1 year. If you allow a vehicle registered in your name to be operated by an unlicensed person, you can face up to 1 year imprisonment and a $500 fine (first offense) or 2 1/2 years' imprisonment and/or a $1,000 fine (second offense), as well as 1 year's suspended license.

Melanie's Law also places the Ignition Interlock Program in effect. Multiple DUI offenders must install an Ignition Interlock Device (IID) in their vehicle. the IID, placed on the dashboard, operates in the same way as a breathalyzer. The device will request a breath sample before starting the ignition, and the motor will not turn over if the sample has a blood alcohol concentration beyond the legal limit (usually .02 to .04 per cent).

The IID will also randomly request breath tests after the motor has been started; if the driver fails the test, the vehicle will set off an alarm, such as honking or lights flashing, until the ignition is turned off. With the installation of the IID, the driver also gets a Z Restriction (the Z stands for Zero Tolerance) issued on his/her reinstated license. The Restriction serves as a notice that this individual may only operate vehicles with an IID installed.

No person shall permit a driver with a Z Restriction to operate a vehicle not equipped with an IID, or they will be charged with the same penalties as allowing an unlicensed driver to operate their vehicle. .

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