Bill > H1397

This bill, concerning the liability of individuals who allow an arrested drunk driver to operate a motor vehicle, proposes to amend Chapter 90 of the General Laws by adding a new section, 24Y. This new section mandates that any vehicle operated by a person arrested for drunk driving (specifically, violations of section 24(a)(1) or section 24L) will be removed and impounded for at least 12 hours. Crucially, if someone is called to pick up an arrestee from a law enforcement agency, that agency must provide the person with a written warning detailing their potential criminal and civil liability if they permit or facilitate the arrested individual driving while still under the influence of alcohol, drugs, or a combination thereof. The person picking up the arrestee must acknowledge receipt of this warning in writing, or the agency must note their refusal to sign. The Attorney General will determine the exact wording and format of this warning and acknowledgment. This provision does not apply to physicians or other healthcare providers treating the arrestee. The bill also outlines the conditions for releasing an impounded vehicle, requiring a valid driver's license, proof of ownership or authorization to operate, and proof of insurance, or other reasonable conditions set by the law enforcement agency subject to court review. Law enforcement agencies can charge reasonable towing and storage fees and hold the vehicle until payment.