Mass. AG Seeks to Close Loophole in Drunk-Driving Law

Massachusetts Attorney General Martha Coakley and state lawmakers are seeking to close a loophole in the state’s drunk-driving law (Melanie’s Law) that was brought to light in a recent court decision.

Responding to a Supreme Judicial Court decision issued on May 17, Attorney General Coakley, State Senator Katherine Clark (D-Melrose), and House Judiciary Chairman Eugene O’Flaherty (D-Charlestown) announced on May 20 that they are taking action to close the loophole in an effort to toughen the laws against repeat drunk drivers.

In the case of Souza v. Registrar of Motor Vehicles, the Massachusetts Supreme Judicial Court, the state’s highest court, had ruled that a “continuance without a finding” was not considered a “conviction” under the law governing license suspension for individuals who refuse to submit to a so-called “breath test” after being arrested for operating under the influence. This distinction is significant because the length of suspension depends on the individual’s prior convictions for operating under the influence.

To close this loophole, Attorney General Coakley, Senator Clark, and Chairman O’Flaherty have proposed two changes to the law. First, the proposal would amend the definition of “conviction” to include individuals who admit to sufficient facts for a finding of guilty, directly addressing the problem in Souza where a similar admission was not considered to be a conviction. Additionally, the proposal would consider as a first offense, for purposes of the breath test refusal, those situations where an individual has been referred to an alcohol or substance abuse treatment program as a result of a previous OUI prosecution.