OUI Penalties in Massachusetts

Penalties for First Offense OUI Conviction

The penalties if you are “convicted” of a first offense OUI depend on whether you are under the age of 21, or are aged 21 and older. Drivers under the age of 21 are deemed under the influence of alcohol if their breathalyzer result indicates a blood alcohol concentration of
.02% or above. Drivers over the age of 21 are deemed under the influence if their blood alcohol concentration is .08% or above.

The penalties for a first offense OUI conviction are as follows if the driver is under the age of 21.

  • Minimum loss of license for 210 days
  • Additional loss of license for 180 days
  • Required enrollment in alcohol treatment program

The penalties for a first offense OUI conviction are as follows if the driver is aged 21 or over are as follows:

  • License suspension of 1 year
  • Fines of $500 to $5,000
  • Community service
  • Required enrollment in a substance abuse treatment program
  • Jail sentence of up to 2 ½ years

The 24D Alternative Disposition

The “24D Alternative Disposition” is a less harsh alternative disposition for the first offense OUI charge. It is called an “alternative disposition” because provides for a shorter license suspension period (45-90 days) and the avoidance of jail time. The 24D Disposition requires the defendant to completes an alcohol education program, that generally takes sixteen weeks to complete (assuming the defendant completes two hours of classes per week. Another advantage of this disposition is that it provides the defendant with the opportunity to obtain a “hardship” driver’s license once they have enrolled in the alcohol education program. This disposition may be particularly attractive to those who are facing a 180-day license loss because they refused the breathalyzer test and who cannot get by without a license for that length of time.

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