MADD to hold Rally at Statehouse

Tomorrow at 10:00 AM, Mothers Against Drunk Driving will be holding a rally and ignition interlock demonstration on the steps of the Massachusetts Statehouse. The purpose of this event is to demonstrate support for Senate Bill 2445 which will eliminate all DUI hardship license waiting periods and allow repeat offenders to immediately seek license reinstatements. The Bill eliminates all DUI statutory minimum suspension periods, regardless of the number of drunk driving convictions an offender has. It allows the Registry to issue ignition interlock restricted licenses to all drunk drivers, regardless of the number of prior convictions and/or chemical test refusals.

If enacted, this bill will allow those whose licenses have been revoked for life due to breathalyzer refusals to be considered for the immediate issuance of full time driver’s license. Currently repeat offenders are prohibited from being issued a driver’s license while breathalyzer refusal suspensions are in effect. This proposed legislation will allow all those who have refused a breath test, regardless of the person’s driving record, to be immediately considered for the issuance of an ignition interlock restricted license, with no minimum mandatory waiting period.

Senate Bill 2445 will allow those who have been refused licenses by the Registry of Motor Vehicles or Board of Appeal of the Division of Insurance to be re-considered for licensure, without having to serve any additional suspension time.

This legislation will allow repeat DUI offenders to satisfy the Registry’s alcohol education program requirement by simply enrolling in the 24D 1st offender program. Repeat drunk drivers will no longer be required to complete the 14 day in-patient residential program in Tewksbury or a 90 day in-patient alcohol program. Instead, if the new law passes, the first offender out-patient program will be acceptable, no matter how many DUI convictions the offender has on his or her record.

Senate to Debate Ignition Interlock License Bill

On Saturday, July 23, 2016 the Massachusetts State Senate is scheduled to debate a Bill which would remove the waiting periods for hardship licenses and allow those who refused to submit to a chemical test or those who fail a breathalyzer test to immediately obtain ignition-interlock-restricted licenses.

If passed, the law will also allow those convicted of DUI, DUI causing serious bodily injury, and Motor Vehicle Homicide involving alcohol, to appeal their licenses suspensions to the Registry of Motor Vehicles and be considered for full time license reinstatements, without having to serve any minimum-mandatory suspension periods. Any license issued under this law would have a mandatory ignition interlock device (IID) requirement.

Under the proposed legislation, the Registry retains the authority to establish requirements and restrictions in addition to mandatory use of the IID. The proposed legislation requires completion of any jail or prison sentence as well as enrollment in an approved alcohol education program.

For those DUI offenders who are on probation, any violation of the terms and conditions of probation would result in the immediate revocation of the ignition interlock license.

Currently, repeat DUI offenders in Massachusetts are required to install a certified ignition interlock device in any vehicle which the repeat offender owns, leases, or operates. This law appears to remove that requirement and it only requires IID installation in any vehicle which the drunk driving offender operates. Therefore, it appears possible for a driver with an ignition interlock license to be able to legally own and lease a vehicle not equipped with a certified IID, so long as the offender does not drive that vehicle.

If enacted, this legislation will allow repeat DUI offenders to be considered for ignition interlock licenses regardless of the number of prior drunk driving convictions the offender has. It also makes ignition interlock licenses available to those who have been convicted of vehicular homicide and those who have permanently lost their driving privileges due to breathalyzer refusals with multiple prior operating under the influence convictions.

Once the Bill is passed in the Senate, it still needs to be passed in the Massachusetts House of Representatives and signed by the Governor. Assuming that it passes and is enacted, it is scheduled to take effect on January 1st of next year.

Common Hardship License Denial Reasons

There are many reasons why you may be denied a hardship license either at the Registry of Motor Vehicles or the Board of Appeal. Some denial reasons include: recent evidence of operating after suspension, the lack of adequate paperwork or documentary evidence, recent criminal activity, probation violations, a high breathalyzer reading, prior hardship relief, a high risk of recidivism / relapse, failure to satisfy treatment goals, a court-ordered license suspension, being blocked in the National Driver Register (NDR) and an inadequate showing of hardship.

Effective case preparation is essential to avoid being denied a hardship license for one of the above-listed reasons. One of the services that my office provides to our clients is a complete review of your situation prior to your Board of Appeal hearing. We work to anticipate and address potential problems and pitfalls as part of a case screening process. This will reduce your chances of being refused relief and increase your chances of success before the Board.

You should satisfy all unpaid obligations prior to your hearing before the Board of Appeal. This includes parking tickets, excise tax, and registry defaults. Any relief afforded will be contingent upon satisfying these obligations and paying them in advance of your hearing shows responsibility and that you are serious about obtaining a hardship license.

You should be prepared to explain anything that appears on your criminal record and any open or closed restraining orders. The Registry’s advocate and the Board members will be on the lookout for anything that suggests an alcohol problem or substance abuse issue, even if it does not relate to the operation of a motor vehicle.

Between the time your appeal is filed and your hearing is scheduled, you will have time to review your driving record, criminal record, Registry documents and your court records. My office can assist with this review as part of the case preparation process. Do not take a chance before the Board of Appeal without adequate preparation. Appearing unprepared could result in denial which would require you to serve the full suspension with no relief.