Massachusetts Massachusetts requires the use of interlocks for repeat offenders and allows first-time offenders with a blood alcohol concentration (BAC) of .15 or greater to use an ignition interlock. From 2006 to 2020 in Massachusetts, interlocks stopped 47,435 attempts to drive drunk with a BAC of .08 or greater, including 4,358 attempts to drive drunk in 2020.
Grade: F (11/100) In 2020, Massachusetts became the 50 th state to allow for the use of interlocks for first-time offenders. The law lacks any requirement of interlocks for first- time drunk drivers and contains many loopholes.
Why does MADD not call the law all-offender? Interlocks are not required for all-first-time offenders.
Process to obtain an ignition interlock 1. A person contacts the RMV for a hearing to learn what is needed for a hardship license or a complete reinstatement. 2. Schedule an appointment to have an interlock device installed. 3. The person asks someone to drive them to an installation appointment. 4. The person take affidavits and installation documents to the RMV so a Hearings Officer can update the license to include a “Z” restriction. 5. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation
Require interlocks for all convicted drunk drivers. Eliminate any waiting period for a person before he or she installs an interlock. Allow for the use of interlocks for refusals.
Upon application of hardship license
Six months
First offense .15 BAC+
Second offense
1 year after conviction
2 years
First refusal
Interlocks not available for refusals
Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes Upon completion of the required period, the interlock will not be authorized for removal if the person had any interlock infractions or violations during the past six consecutive months. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes An interlock is free of charge if a person can prove one of the following: 1) Drivers currently enrolled in MassHealth or who receive benefits via an Electronic Benefits Card with the Department of Transitional Assistance will be electronically verified. 2)Drivers who have a document from a court of competent jurisdiction, dated within 12 months preceding the application of indigency, stating they have been appointed counsel or have otherwise had financial status verified by the court may upload this document through the application portal. 3) Drivers whose income, after taxes, does not exceed 125% of the current Federal Poverty Line, pursuant to the Poverty Guidelines as periodically updated by the Massachusetts Supreme Judicial Court pursuant to G.L. c. 261, § 27B, may enter this date though the application portal, subject to electronic verification.
Sources: 90§24 (1)(c)(2), Massachusetts RMV.
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