OUI Under 21 years Old – Underage Drunk Driving – Possession of an Open Container
Has your child been arrested for Driving Under the Influence of alcohol, liquor or drugs?
Massachusetts has several strict laws that pertain to youths and alcohol related offenses especially when operating a motor vehicle is involved. The registry of motor vehicles (RMV) also takes alcohol related offenses involving minors very seriously. The RMV provides enhanced penalties for drivers under the age of 21 that are convicted of operating under the influence of alcohol or drugs, possession of open alcoholic beverage in a vehicle or refusing the breath test.
Drunk Driving Under Age of 21
Under Massachusetts General Laws Chapter 90 section 24 a minor, or any person under the age of 21, can be charged with operating under the influence if they have a blood alcohol content, or BAC, of 0.02 or above.
Youth Alcohol Program (YAP) Suspension
The Youth Alcohol Program allows for the suspension of drivers licenses of underage drivers that are convicted of certain offenses or fail or refuse the chemical breath test at the police station. The law makes distinctions between drivers under the age of 18 and drivers over the age of 18 but under 21.
License Suspended due to failing or Refusing Breathalyzer Test
|Age||Suspension||Reduction after starting § 24D program|
|Drivers under 18||1 year||6 months|
|Drivers under 21 but over 18||6 months||6 months|
A minor under the age 21 that is charged with OUI and fails or refuses the chemical breath test at the police state will suffer an additional loss of drivers license under the Youth Alcohol Program. Under the YAP drivers under age 18 will have 1 year loss of license while drivers under 21 but above 18 will suffer a six month loss of license. Any suspension will be reduced by 180 days once the minor has been enrolled in a 24D program. This reduction does not apply to minors that have a second or subsequent alcohol offense involving the operation of a motor vehicle.
License Suspended due to Criminal Convictions
If a minor under the age of 18 did not have their license suspended for any of the reasons stated above then they will still loose their license if they are convicted of any of the following offenses.
|Offense||1st conviction||2nd, or subsequent conviction|
|Operating Under the Influence||180 days||1 year|
|Motor vehicle homicide||180 days||1 year|
|OUI serious injury||180 days||1 year|
|Possession of an open container of alcohol||180 days||1 year|
Charged with DUI/OUI? Talk to A DUI Attorney For Free
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