Alcohol & The Elderly: Legal Consequences

The elderly in Massachusetts face the same penalties for drunk driving as any adult over the age of 21. For a first offense OUI charge, if you refuse the breath test you lose your license for 180 days (6 months). If you fail the breath test, you lose your license for 30 days.  Additional penalties after arrest can range from longer loss of license, fines and mandatory attendance at an alcohol education program.  Second or third (or more) offenses can result in longer loss of license, higher fines and possible jail time.

There are a few issues that impact the elderly more than your average driver. For example, there is now a “lifetime look-back” for drunk driving penalties.  This means that if your first offense was in 1948 and you receive another in 2011, it’s technically a second offense.  Or if you had an offense in the 50’s, one in the 60’s and one in the 80’s, if you get arrested now it’s your fourth offense.

This particularly applies to those who refuse to take the Breath Test, as there is also a “lifetime look-back” for that as well. If you are on your second offense (even 40 years later) and you refuse to take the Breath Test, you automatically lose your license for three years. If you have 3 previous convictions, you lose your license for life.

Another issue is that if you are taking medication, and the police and/or Assistant District Attorney can prove that it may impact your sobriety when mixed with alcohol, they can prosecute you even if you are below the legal limit for alcohol.  They can also use it at trial to argue that you were even more impaired because you take medication.

The third thing that often applies to older driver is the new “immediate threat revocation”. This means that if a police officer thinks you are driving dangerously (even if you aren’t intoxicated) they can file a report with the RMV to have your license revoked for an unlimited period of time.

Other Consequences

Many times with an elderly couple, only one of the spouses drives.  This may be due to health issues, eyesight, comfort with driving, early dementia or medication use.  If the driving spouse is arrested for an OUI, suddenly the family has no way to get to doctor’s appointments, friend’s houses, the grocery store, or their usual activities.  This can cause a downward spiral of loneliness, isolation and poor health due to missing doctor’s appointments or not being able to pick up medication.  While there maybe be alternative transportation available, it may not always be on your schedule.

Still Want to Drink?

If you drink alcohol, tell your doctor how much you drink. If your medications interact poorly with alcohol, ask your doctor if there are alternatives.

Do not drive if you’ve been drinking alcohol. Pick a designated driver (a person who doesn’t drink) and buy their dinner. Take turns being the designated driver.  Hire a taxi to take you to and from the restaurant.  Hire your teenage grandchildren to take you to and from the restaurant. Make whatever arrangements you need to make so that you aren’t driving home after a few drinks.

Make sure you have a health care proxy, power of attorney and living will in place. If you end up in an accident and in the hospital or jail, you’ll need someone who can make health care decisions for you and manage your finances until you are back home and well.

Thank you to my colleague Jessica Foley, who represents people who have been arrested and accused of crimes, for some of the information in this post.  You can find her at www.jessicafoleylaw.com.

One Response to Alcohol & The Elderly: Legal Consequences

  1. Well said. This is a good reminder to those social drinkers who might get blind-sided (legally speaking) by rules that are intended to nail those who habitually, maybe compulsively, drink and drive.