Attorney
The Commonwealth of Massachusetts has always taken driving under the influence (OUI) very seriously. This became even more so in 2005, when Massachusetts enacted Melanie’s Law, named for a thirteen-year-old girl who was killed by a drunk driver. The law increased the penalties and punishments for OUI convictions, as well as created new crimes related to the offense. This included penalties for drivers who are caught operating under the influence with a child passenger in their vehicle. If you are charged with an OUI while driving with a child passenger in your car, you are going to need the assistance of an experienced criminal defense attorney to help guide you through the process.
How does Massachusetts OUI Law Address Instances Involving Child Passengers?
When you get arrested and charged with an OUI when you have a child passenger, you will be facing a much more difficult situation than just a regular charge of OUI. This is the effect of Melanie’s Law, specifically Massachusetts General Laws Chapter 90, Section 24V. In order to prove this charge, the Commonwealth will have to prove four elements.
First, it will have to prove that you were operating a motor vehicle, which can include trucks and motorcycles. It does not apply to motorized bicycles. Next, it will have to show that this occurred on a public thoroughfare, meaning any road maintained by the government. This can include a federal interstate, such as I-95. The third element is that the prosecutor will have to prove that you were under the influence of drugs and/or alcohol. For purposes of alcohol, this means having a blood alcohol content of 0.08% or higher. Finally, the prosecution will have to establish that there was a person 14 years of age or younger who was riding in your motor vehicle. So, if the defense can demonstrate that the driver was either not under the influence or that the presumed child passenger is 15 years old or older, then the defendant will not be subject to this law. However, when these four elements have been established beyond a reasonable doubt, then you will be guilty of OUI with a minor passenger.
Punishment and Penalties for OUI with Child Passengers
The penalties for breaking this law are very onerous. This includes a mandatory jail sentence, suspension of your driver’s license, and fines. Under Melanie’s Law, this is now considered the crime of Child Endangerment.
The jail sentence has a minimum of 90 days in the Massachusetts House of Correction up to a maximum of 2.5 years or 30 months. This will depend on the circumstances of the case. The jail time increases to a minimum of 6 months to a maximum of 5 years in jail for a second offense. Subsequent offenses increase the likelihood of receiving the maximum 5 year jail term.
The other punishments for this offense include fines and suspension of your driver’s license. For a first offense, you will be facing a fine of between $1,000 and $5,000. Again, this depends on the facts of the case. This fine will be increased to a minimum of $5,000 and a maximum of $10,000 for a second offense. As for your driver’s license, you will receive a one year suspension for a first offense. Each subsequent offense carries with it a three-year suspension.
Are There Any Other Penalties?
The punishments and penalties for the crime of OUI with Child Endangerment are in addition to the ones you would receive for an OUI conviction. So, in addition to the ones stated above, you could face an additional 30 months in jail for your first OUI, as well as fines of between $500 and $5,000, and a one year license suspension. In addition, first time OUI offenders receive probation of up to two years and are enrolled in a mandatory 16-week driver alcohol education program. If an offender violates probation, he or she can be re-incarcerated for the subsequent offense. While someone convicted of a first offense for OUI may be eligible for a hardship driver’s license during the suspension period, it is unclear if the court will grant this in the case of OUI with a child passenger.
Subsequent OUI convictions carry additional penalties. A second offense of OUI carries a mandatory 30 day jail sentence with a maximum of 60 months, a two year license suspension, and a fine of between $600 and $10,000. Each subsequent offense carries a mandatory 180 day jail sentence with up to 5 years in state prison, which is significantly worse than being incarcerated in the house of correction. This also includes a fine of between $1,000 and $15,000, and an 8 year driver’s license suspension. Offenders may also be required to have an Ignition Interlock Device placed on their vehicle which prevents usage if the driver is under the influence.
Contact a Massachusetts Criminal Defense Attorney Today
A charge of OUI with a child passenger is considered Child Endangerment, and is a very serious offense that carries with it enhanced penalties in addition to those for a standard OUI conviction. The experienced criminal defense attorneys at Geraghty Law LLC can assist you with your case, protecting your rights. Contact us today so we can discuss the next steps in your case.
