Massachusetts’s Underage OUI Laws

How Massachusetts’s drunk driving laws apply to drivers who are under 21 years old and the consequences of an underage OUI.

By , Attorney

In Massachusetts, it's illegal for drivers who are younger than the legal drinking age (21 years old) to operate a vehicle with a blood alcohol concentration (BAC) of .02% or more. Here are the consequences a driver faces if convicted of an underage OUI (operating under the influence) offense.

Underage OUI Penalties

An underage OUI violation will result in license-related penalties.

First offense. For a first violation, the driver will generally be looking at a 180-day license suspension. But if the driver is younger than 18 years old, the suspension will be one year. For drivers who agree to participate in a treatment program, the suspension periods are reduced or eliminated.

Second or subsequent offense. For a second or subsequent violation, the suspension periods are the same as for a first offense, but the offender isn't eligible for a reduction through program participation.

When Underage Drivers Face Standard OUI Penalties

Underage drivers who are caught operating a vehicle with a BAC of .08% or more or while under the influence of (impaired by) drugs or alcohol face the standard OUI penalties. Depending on the circumstances, someone convicted of a standard OUI could be looking at fines, jail time, and license suspension.

Talk to an Attorney

Regardless of the charge, it's always best to talk to an experienced OUI attorney if you've been cited for driving under the influence. A qualified lawyer can tell you how the law applies to your situation and help you decide on the best course of action.

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