Massachusetts lawmakers are to vote on new changes to toughen the state's drunk driving laws. However, the changes in "Melanie's Law" are unlikely to do anything but arrest more innocent citizens.
(PRWEB) September 26, 2005 -- Massachusetts lawmakers are proposing a host of new changes to toughen the state's drunk driving laws. "Melanie's Law" will increase the penalty to for refusing to take a breath test from 180 days to 1 year for a 1st offense, and a lifetime suspension for refusing a breath test on a 2nd or subsequent offense. There is also a proposed license suspension of 1 year for refusing to take roadside field sobriety tests, as well as an increase in the penalty for driving on a suspended license after an OUI from a 60 day to 90 day mandatory jail sentence.
Commenting on the proposed changes, Attorney Russell Matson, a noted Massachusetts DUI Lawyer said "No one is against keeping dangerous drunk drivers off the road, but these laws will do virtually nothing to accomplish that goal, and will only serve to ensnare and penalize more innocent citizens of the Commonwealth."
According to Attorney Russell Matson, "A breathalyzer or breath test device has always been scientifically suspect for accurately measuring blood alcohol content. They are calibrated to detect values that vary widely among different people, so they are inherently inaccurate. " He added, "Additionally, there are countless other ways a breathalyzer can indicate a false positive, from taking mouthwash, breath mints, or eating certain breads, to a variety of common medical and stomach conditions that will trick the machine into indicating a high blood alcohol content where none may exist, or otherwise inflate a low, legal number."
On the subject of the proposed license suspension for refusing a field sobriety tests, Attorney Matson said "These so-called tests often have very little correlation with intoxication. According to the National Highway and Traffic Safety Administrations own studies, as many as one third of all people cannot pass these these tests under any circumstances! This is particularly true for anyone who may be overweight, over 65, have chronic back or leg problems, or other physical conditions." He added, "For those reasons, it is absurd to penalize anyone for refusing to participate in these tests."