Massachusetts law prohibits motorists from driving on public ways when their alcohol/bodyweight percentage is .08% or higher.
As discussed in an earlier post, the first-time OUI defendant in Massachusetts will likely receive a license suspension (typically 45 days) along with an order to pay fines and attend the driver-alcohol education class.
If, however, the defendant’s alcohol percentage by body weight reaches .2% or higher, additional conditions are mandated.
He or she needs to participate in a drug and alcohol assessment by the department of public health (DPH). After the assessment, the DPH makes treatment recommendations and submits them to the defendant’s probation officer. These “recommendations” will very likely become part of the defendant’s terms of probation.
The assessment is frequently referred to as a “24Q evaluation” because it is required by Section 24Q of M.G.L. c. 90. That section, in part, states
if evidence in the prosecution of a violation of [the state’s OUI law] was that a person’s blood alcohol percentage, by weight, was not less.20…such person [shall] complete an alcohol or drug assessment conducted by the department of public health or other court approved-program. The assessment shall include, but not be limited to, an assessment of the level of the offender’s addiction to alcohol or drugs, and the department’s recommended course of treatment. Such assessment and recommended course of treatment shall be reported to the offender’s probation or parole officer.
Additionally, if the driver is under the age of 21, he or she must go through the 14-day inpatient treatment program referred to as the DUIL (Driving Under the Influence of Liquor).