Governor Closes Loophole for Repeat Offenders

New Law will Close 10-Year Look Back Window

FOR IMMEDIATE RELEASE
Date: September 3, 2002

BOSTON — Governor Jane Swift signed into law a provision which will allow judges to consider drunk driving convictions further back than ten years when sentencing offenders. The passing of the legislation shows promising hope of increasing effects of prosecution and sentencing of repeat offenders.

Prior to the signing of the bill, a repeat offender would only serve time in a correctional facility after the third conviction within 10 years. With the signing of the bill, all prior convictions will be taken into consideration.

“We are extremely pleased with the signing of the bill and we hope this brings us closer to enacting tougher drunk driving laws for Massachusetts, said Barbara Harrington, MADD State Executive Director. “We are still working hard to educate the public on the seriousness of this crime.”

About one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders. (NHTSA, January 2001) The new law will target hardcore drunk drivers: chronic repeat offenders arrested time and again who are unable, or unwilling, to control their drinking and driving behavior.

In 2001, there were more than 120,000 Massachusetts drivers with one prior DUI convictions on their driving record; more than 65,000 drivers has two or more DUI convictions. Drinking drivers knew from their own experiences that the likelihood of arrest and conviction were very low. Their persistent behavior jeopardized the safety of the general public. The new law was written to close the loophole, which allowed for so many offenders to dodge jail time.

“We know that repeat offenders are a threat, which is why this law is so significant,” said Senator Cynthia S. Creem, (D-Newton). “This law should act as a deterrent, especially for those who have been previously arrested for the crime.”

Founded in 1980, MADD's mission is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. In June 2002, MADD Massachusetts helped to pass the Victims of Drunk Driving Trust Fund. The law was only the second of its kind to pass in the county. MADD continues to advocate for a number of legislative initiatives to combat drunk driving.

For more information about MADD or call 800-633-6233 to receive up-to-date information on Massachusetts.