An individual with two or more OUI convictions requires an Alcohol Detecting Ignition Interlock Device
to be installed in his or her vehicle.
An ignition interlock device is an alcohol breath-screening device mounted on the vehicle and attached to the ignition, which prevents a vehicle from starting if it detects a blood alcohol limit of .02. This is roughly the equivalent of one drink.
The Commonwealth of Massachusetts imposes harsh sanctions for violations pertaining to the ignition interlock device, making both operating without an ignition interlock and tampering with an ignition interlock device felonies under Chapter 90 Section 24S
and Chapter 90 Section 24T
, respectively. The penalty for operating a motor vehicle without an ignition interlock device is an incarceration of period for 6 months to 2.5 years in a the House of Correction or 2.5 to 5 years in state prison, along with a fine of $1,000.00 to $15,000.00. The penalty for tampering with an ignition device is a period of incarceration from 6 months to 2.5 years in the House of Correction or 3 to 5 years in state prison. To demonstrate “tampering” the prosecution must prove that there was an “overt, conscious attempt” to physically disable or disconnect the interlock device from the power source and allow a person to start or continue operating a motor vehicle without passing the blood alcohol content level test.
Whether you are facing your first offense, or multiple offenses for OUI/DUI, you need a competent and experienced attorney to handle your case. Contact us at Brooks & Crowley and we can offer you the expertise and guidance you need on your legal issue.