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HOUSE DOCKET, NO. 881 FILED ON: 1/13/2025
HOUSE . . . . . . . . . . . . . . . No. 1610
The Commonwealth of Massachusetts
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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 Norfolk1/13/2025Michael MorrisseyOffice of the Norfolk District Attorney,
45 Shawmut Road, Canton, MA 02021
1/13/2025 1 of 3
HOUSE DOCKET, NO. 881 FILED ON: 1/13/2025
HOUSE . . . . . . . . . . . . . . . No. 1610
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1610) 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. 1416 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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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, as appearing in the 2022 Official Edition, is hereby struck out and replaced with
3the following paragraph:- (f) (1) Whoever operates a motor vehicle upon any way or in any
4place to which the public has right to access, or upon any way or in any place to which the public
5has access as invitees or licensees, shall be deemed to have consented to submit to a chemical
6test or analysis of his breath or blood or a test performed by a certified Drug Recognition Expert
7in the event that he is arrested for operating a motor vehicle while under the influence of
8intoxicating liquor or drugs defined in section 31 Chapter 94C; provided, however, that no such
9person shall be deemed to have consented to a blood test unless such person has been brought for
10treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and 2 of 3
11provided, further, that no person who is afflicted with hemophilia, diabetes or any other
12condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal
13of blood. Such test shall be administered at the direction of a police officer or certified Drug
14Recognition Expert, as defined in section 1 of chapter 90C, having reasonable grounds to believe
15that the person arrested has been operating a motor vehicle upon such way or place while under
16the influence of intoxicating liquor or drugs. If the person arrested refuses to submit to such test
17or analysis, after having been informed that his license or permit to operate motor vehicles or
18right to operate motor vehicles in the commonwealth shall be suspended for a period of at least
19180 days and up to a lifetime loss, for such refusal, no such test or analysis shall be made and he
20shall have his license or right to operate suspended in accordance with this paragraph for a period
21of 180 days; provided, however, that any person who is under the age of 21 years or who has
22been previously convicted of a violation under this section, subsection (a) of section 24G,
23operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths
24or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of
25said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of
26said chapter 90B, or section 131/2 of chapter 265 or a like violation by a court of any other
27jurisdiction or assigned to an alcohol or controlled substance education, treatment or
28rehabilitation program by a court of the commonwealth or any other jurisdiction for a like
29offense including operating under the influence of drugs defined in section 31 of Chapter 94C
30shall have his license or right to operate suspended forthwith for a period of 3 years for such
31refusal; provided, further, that any person previously convicted of, or assigned to a program for,
322 such violations shall have the person's license or right to operate suspended forthwith for a
33period of 5 years for such refusal; and provided, further, that a person previously convicted of, or 3 of 3
34assigned to a program for, 3 or more such violations shall have the person's license or right to
35operate suspended forthwith for life based upon such refusal. If a person refuses to submit to any
36such test or analysis after having been convicted of a violation of section 24L, the registrar shall
37suspend his license or right to operate for 10 years. If a person refuses to submit to any such test
38or analysis after having been convicted of a violation of subsection (a) of section 24G, operating
39a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater,
40or while under the influence of intoxicating liquor in violation of subsection (b) of said section
4124G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for
42life. If a person refuses 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.”