
The typical first-offense OUI in Massachusetts results in the driver losing his or her license for 45 days.
The suspension is much lengthier when the driver is under the age of 21.
M.G.L. c. 90, § 24D mandates a 210 day suspension for drivers under 21.
Additionally, anyone under the age of 21 who is charged with an OUI, regardless of the case’s disposition, is subject to an additional 180 day license suspension if it’s even suspected that the person’s blood alcohol percentage was over .002%. (This is extremely low, considering an OUI conviction, under M.G.L. c. 90, § 24, requires a blood alcohol percent of .008%.)
According to M.G.L. c. 90, § 24P,
Upon evidence that a person under the age of 21, after having been arrested for or charged with [drunk driving], had a blood alcohol percentage of two one-hundredths or greater… notwithstanding the finding upon any such charge, such person shall have his license or permit to operate a motor vehicle suspended by the registrar for a period of 180 days…
For those under the age of 18, the suspension is for an entire year.
This suspension “shall be imposed in addition to any penalty, license suspension or revocation imposed upon such person by the court…” Emphasis added.
Drivers between 18 and 21 facing such a suspension for the first time can have the 180-day suspension waived in exchange for voluntarily enrolling in a youth alcohol program run by the department of public health. Again, quoting the statute:
If a person has not been previously arrested for or charged with [drunk driving] such person shall, if he consents, be assigned to a program specifically designed by the department of public health for the treatment of underage drinking drivers…Upon entry into such program…the suspension of a license or permit to operate as required by this section shall be waived by the registrar for a person under 21 years of age but over 18 years of age.
Drivers under the age of 18 can have their suspension under the statute reduced from 1 year to 180 days by completing the program.