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Massachusetts Underage / Minor / Under 21 DUI Penalties
The license suspension penalties in an OUI case are tougher for drivers who are minors or under 21. In Particular, refusing to take a breath test will result in a 3 year suspended driver's license.
The Massachusetts Registry also has what is called a zero tolerance policy for drinking and driving for those who are not of the legal drinking age of 21. They will consider you to have failed at .02% BAC (it is a .08% BAC legal limit for those over 21). Many people can register a .02 on a breathalyzer after only one drink.
OUI Criminal Charge vs. Mass License Suspension Issues with Underage Charges
The actual criminal court OUI case is the same as if you were 21 or older. It is only the Registry and driver's license suspension issues that are different.
All defense strategies still apply in an underage OUI arrest. The prosecutor must establish all the elements of the charge, including that the reason for the stop was be legitimate, and they must be able to prove that you were driving the vehicle. For many people, it makes sense to fight the charge in court, since the impact of carrying a criminal conviction for the rest of your life can be substantial.
Please call me for a consultation on your minor DUI case, and I'll help you work through your best options and opportunities for a defense, or to minimize the severity of any penalties.
Massachusetts Under 21 OUI Arrest - Laws and Penalties
Penalty for Refusing the Breath Test (under 21)
Penalty for Failing the Breath Test (.02 BAC under 21)
Maximum OUI Penalties (under 21)
Typical OUI / DUI Penalty (under 21)
If you are under 18 (designated as a Junior Operator by the RMV), you face license suspension for speeding, or any other traffic offenses. See the Registry's Junior Operator Penalties page.
You are still eligible for a Massachusetts hardship license for an under 21 OUI, but Registry hearings officers may be less inclined to grant one. Representation at a hearing by an experienced lawyer can help.
The consequences of any OUI conviction on your record are significant, and sometimes even more so for minors. A criminal record can impact future career opportunities, scholarships, and a host of other issues that may impact your life.
Call me know for a free legal consultation on an underage OUI charge. Drunk driving defense is all I do, so even if you have a family lawyer, you should strongly consider talking with someone who fights OUI cases every day. Call now to find out what I can do to help you.
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