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HOUSE DOCKET, NO. 2545 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1416
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Tackey Chan
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to drug driving.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/17/2023Michael MorrisseyOffice of the Norfolk District Attorney
45 Shawmut Rd., Canton, MA 02021
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HOUSE DOCKET, NO. 2545 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1416
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1416) of Tackey
Chan and Michael Morrissey relative to operating a motor vehicle while under the influence of
intoxicating liquor or drugs. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1490 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to drug driving.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The first paragraph of subsection (f)(1) of section 24 of chapter 90 of the
2General Laws is hereby struck out and replaced with the following paragraph:- (f) (1) Whoever
3operates a motor vehicle upon any way or in any place to which the public has right to access, or
4upon any way or in any place to which the public has access as invitees or licensees, shall be
5deemed to have consented to submit to a chemical test or analysis of his breath or blood or a test
6performed by a certified Drug Recognition Expert in the event that he is arrested for operating a
7motor vehicle while under the influence of intoxicating liquor or drugs defined in section 31
8Chapter 94C; provided, however, that no such person shall be deemed to have consented to a
9blood test unless such person has been brought for treatment to a medical facility licensed under
10the provisions of section 51 of chapter 111; and provided, further, that no person who is afflicted 2 of 3
11with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be
12deemed to have consented to a withdrawal of blood. Such test shall be administered at the
13direction of a police officer or certified Drug Recognition Expert, as defined in section 1 of
14chapter 90C, having reasonable grounds to believe that the person arrested has been operating a
15motor vehicle upon such way or place while under the influence of intoxicating liquor or drugs.
16If the person arrested refuses to submit to such test or analysis, after having been informed that
17his license or permit to operate motor vehicles or right to operate motor vehicles in the
18commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for
19such refusal, no such test or analysis shall be made and he shall have his license or right to
20operate suspended in accordance with this paragraph for a period of 180 days; provided,
21however, that any person who is under the age of 21 years or who has been previously convicted
22of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a
23percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the
24influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L or
25subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2
26of chapter 265 or a like violation by a court of any other jurisdiction or assigned to an alcohol or
27controlled substance education, treatment or rehabilitation program by a court of the
28commonwealth or any other jurisdiction for a like offense including operating under the
29influence of drugs defined in section 31 of Chapter 94C shall have his license or right to operate
30suspended forthwith for a period of 3 years for such refusal; provided, further, that any person
31previously convicted of, or assigned to a program for, 2 such violations shall have the person's
32license or right to operate suspended forthwith for a period of 5 years for such refusal; and
33provided, further, that a person previously convicted of, or assigned to a program for, 3 or more 3 of 3
34such violations shall have the person's license or right to operate suspended forthwith for life
35based upon such refusal. If a person refuses to submit to any such test or analysis after having
36been convicted of a violation of section 24L, the registrar shall suspend his license or right to
37operate for 10 years. If a person refuses to submit to any such test or analysis after having been
38convicted of a violation of subsection (a) of section 24G, operating a motor vehicle with a
39percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the
40influence of intoxicating liquor in violation of subsection (b) of said section 24G, or section
41131/2 of chapter 265, the registrar shall revoke his license or right to operate for life. If a person
42refuses to take a test under this paragraph, the police officer shall:
43 SECTION 2. Section 1 of Chapter 90C of the General Laws is hereby amended by
44inserting after the words “"Division'', a division of the district court department or juvenile court
45department or a division of the Boston municipal court department.” the following: - “"Drug
46Recognition Expert (DRE)", any police officer defined in this section who has completed the
47training requirement for a certification or accreditation by any state or maternal organization.”