Legal Question in DUI Law in Massachusetts

Melanies Law

Thirty seven years ago, just after I had returned from Vietnam, I had an incident of driving while under the influence of alcohol. Two and one half years ago, (Dec. 2004) I had another DUI. In the legal dispensation of the case, the 1970 incident was not taken into consideration. However when I recently went to the registry to get my license, I was told that because it was my second offense, I had to have the intoxalock system installed on my vehicle for two years. Why was this not mentioned previously to me, and why does the registry consider an offense that the court did not?

Thank you for any clarity you can offer to me.


Asked on 8/17/07, 1:45 pm

2 Answers from Attorneys
Michael Baldassarre Law Office of Michael J Baldassarre

Re: Melanies Law

Under Melanies law, the look back period for an OUI is now lifetime. What that means is that any conviction or CWOF with an alcohal program in your lifetime will count as an offense. There is an exeption in the court system where a second offender can be treated as a first, 1 time, if his prior conviction is more than 10 years old. But the RMV will not make that exception, when it comes to loss of license or the intoxalock.

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Answered on 8/17/07, 3:26 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Melanies Law

I agree with Michael. Your attorney should have noted the problems with the RMV. If you have any questions, contact me.

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Answered on 8/18/07, 10:05 pm


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