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What Is Melanie’s Law in Massachusetts?
Melanie’s Law changed how Massachusetts handles OUI cases. Learn what it means for license suspensions, ignition interlocks, and repeat offenses.
Melanie’s Law was passed in 2005 to toughen the penalties for drunk driving in Massachusetts. It was named after 13-year-old Melanie Powell, who was killed by a repeat drunk driver. Since then, it has dramatically changed how OUI cases are handled.
One of the biggest changes is the ignition interlock requirement. If you're convicted of a second or subsequent OUI, you’ll need to install an interlock device on any vehicle you drive. That means blowing into a breathalyzer just to start your car—and again while driving.
The law also increased license suspension periods, expanded penalties for refusing a breath test, and added stricter rules for repeat offenders. Even first-time offenders face tougher consequences under Melanie’s Law than they did before it passed.
If you’re charged with OUI, Melanie’s Law will likely affect your case in one way or another. I help clients understand what they’re facing—and build a defense that accounts for every part of the law.
Can You Refuse a Breath Test in Massachusetts?
You can legally refuse a breath test in Massachusetts, but it comes with automatic penalties. Here’s what you need to know before you decide.
In Massachusetts, you have the legal right to refuse a breath test if you're suspected of operating under the influence (OUI). But that refusal isn’t without consequences.
Refusing a breath test triggers an automatic license suspension. For a first-time offender, that suspension is 180 days. If you have prior OUI convictions, the penalty is much higher—up to five years. And unlike other suspensions, this one is enforced by the RMV, not the court. That means it takes effect immediately, even if you win your case.
Refusal also limits the prosecution in some ways. The jury typically won’t hear that you refused, which can help your defense. But you lose the chance to challenge the results of a breath test that might have been flawed.
Every case is different, and there’s no one-size-fits-all advice. Sometimes refusing the test helps. Sometimes it makes things harder. I help clients weigh these choices when it counts—and fight the fallout when the decision’s already been made.