On October 28, 2005, the Commonwealth of Massachusetts passed legislation known as “Melanie’s Law” increasing the penalties for operating a motor vehicle Under the Influence (OUI) of Alcohol or Controlled Substances. This change helped to usher in new and enhanced periods of license suspension or revocation and further established the Commonwealth’s Ignition Interlock Device (IID) Program. The IID program requires multiple and certain first-time OUI offenders to install an IID in their vehicle for a prescribed period of time. The IID program is managed by the Driver Control Unit of the Registry of Motor Vehicles (RMV). Massachusetts General Laws, Chapter 90, §§ 24, 24D, and 24 ½, and 540 CMR 25.00 define the rules and regulations that govern the IID program.
Further, as a result of Chapter 227 of the Acts of 2020, Sections 35-36, effective July 1, 2021, certain OUI first offenders seeking a hardship license will be required to have an IID installed into a vehicle as a condition of that hardship.
As most recently amended in 2020, Melanie’s Law requires that an IID be installed and used by both drivers with a conditional “hardship” driver’s license and by those operators whose driver’s licenses are eligible for reinstatement following completion of the OUI license suspension or revocation periods. Any operator meeting the requirements for hardship on the OUI offense will be issued a conditional twelve hour/day hardship license with the Hardship and Interlock (“HT”) license restriction. Any operators seeking reinstatement after completion of the OUI license suspension or revocation periods will receive a driver’s license with the Interlock (“T”) license restriction. The “HT” and “T” license restrictions assist law enforcement officials in identifying operators with an IID. The IID must remain installed throughout the operator’s conditional hardship license period plus, for multiple-OUI offenders, an additional two years after reinstatement of full operating privileges.
The IID regulations found at 540 CMR 25.00 were created to establish guidelines for the certification, installation, use, and maintenance of the IID. The RMV certifies interlock service providers to offer installation, maintenance, and monitoring of the IID at convenient locations throughout the commonwealth.
Operator Requirements
An IID is a handheld breath-alcohol monitoring device (approximately the size of a cell phone) that is electronically connected to a vehicle's ignition. You are required to pass an IID Breath-Alcohol test before starting your vehicle. The IID also requires you to provide breath-alcohol re-tests while you are operating the vehicle.
The IID program requires multiple offenders who have accumulated two or more convictions for OUI (Alcohol or Controlled Substances) to have the IID installed in their vehicle. Further, the RMV will honor court orders requesting that an operator install the IID for the full length of that court order. Finally, certain first time OUI offenders seeking a hardship license, who took a breathalyzer at the time of arrest with results of .15 or greater will be required to have an IID installed as a condition of that hardship license.
The minimum period for an IID restriction for multiple OUI offenders is two years. If the IID is issued on a conditional hardship license, the IID is required for the length of that OUI license suspension or revocation period plus two years after reinstatement of full operating privileges, except in the case of first offenders, who are only required to have the IID through the length of the hardship.
The IID license restriction is not automatically removed at the conclusion of the IID license restriction period. All operators must apply to see a hearings officer to have the IID removed from their vehicle and the license restriction lifted.
Operator Responsibilities
Operators are responsible for the installation, maintenance, proper usage and payment of all associated IID fees.
- Installation – You must contact a vendor/service provider and schedule an IID installation.
- Maintenance Visits – You must return to the service provider once every 25-30 days from the last service visit for scheduled maintenance and data uploads.
- Proper Usage – You must follow all of the rules and guidelines you are given for using the IID and must never tamper with or try to circumvent the use of the IID.
- Payment – You must pay the vendor/service provider all of the required leasing and maintenance fees, unless you have been approved for waiver of certain costs under the RMVs Indigency Program.
Operators subject to an Ignition Interlock license restriction must pay a $30 monthly program administration fee pursuant to the provisions of 801 CMR 4.02. This fee shall be collected by the IID Vendor on behalf of the Registry of Motor Vehicles (RMV) at your initial service visit (not installation) and each subsequent service visit. This fee is applicable unless you have been approved for waiver of certain costs under the RMV’s Indigency Program.