Being charged with Operating Under the Influence (OUI) is a serious matter for any driver, but for individuals under the age of 21, the consequences can be particularly severe. Massachusetts imposes stricter laws on underage drivers, reflecting the state’s zero-tolerance stance on underage drinking and driving. At Geraghty Law, we help young drivers and their families navigate the legal system and work toward minimizing the long-term consequences of an underage OUI charge in Worcester County.

What Is an Underage OUI in Massachusetts?

Under Massachusetts law, a person under the age of 21 can be charged with OUI for operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.02% or higher—a significantly lower threshold than the 0.08% limit for drivers 21 and older. This low limit reflects the Commonwealth’s zero-tolerance policy for underage drinking.

It’s important to note that underage drivers can be charged with both:

  • A standard OUI offense, and/or
  • A Junior Operator Law violation under G.L. c. 90 § 24P, which imposes administrative penalties on top of the criminal consequences.

First-Time Underage OUI Offense: Penalties

For a first-time underage OUI conviction, penalties can include both criminal and administrative consequences, even if the driver’s BAC is below 0.08%.

Criminal Penalties:

  • Up to two and a half years in jail (though rarely imposed for a first offense)
  • Fines ranging from $500 to $5,000
  • Mandatory alcohol education program (24D Disposition)
  • Probation, community service, and other court-ordered requirements

License Suspension:

  • One-year license suspension from the Massachusetts RMV
  • An additional three-year suspension if the driver refused a breathalyzer (under the implied consent law)
  • If enrolled in the alcohol education program (24D), eligible for a hardship license after 30 days

The penalties increase substantially if the driver was transporting minors, caused an accident, or had a significantly higher BAC.

The Zero Tolerance Law and RMV Consequences

Even if criminal charges are reduced or dismissed, the Massachusetts RMV can still impose administrative penalties. If a driver under 21 registers a BAC of 0.02% or higher, the RMV may:

  • Suspend the driver’s license for 180 days to one year
  • Require completion of a Youth Alcohol Program (YAP) before reinstatement

In some cases, the administrative penalties imposed by the RMV may be more burdensome than the court-imposed penalties, especially for students, workers, or others who rely on driving privileges.

Underage Drivers and the 24D Program

The 24D alcohol education program is often available to first-time OUI offenders, including those under 21, as part of a plea deal or alternative sentencing arrangement. Completing this program can:

  • Shorten the license suspension period
  • Help avoid a conviction on your criminal record
  • Qualify you for a hardship license that allows limited driving privileges

However, admission into the program is not automatic. The court must approve it, and the RMV will still have the final say on license reinstatement or hardship approval.

Long-Term Implications for Young Drivers

For many underage drivers, the most serious consequences of an OUI charge are not immediate. A conviction—or even just a record of the charge—can affect:

  • College admissions and financial aid
  • Employment opportunities
  • Military service eligibility
  • Professional licensing
  • Auto insurance premiums (which can skyrocket)

Because of the long-term impact, it’s essential to approach an underage OUI case with a clear strategy, focusing not just on the legal defense but also on damage control for the future.

Defending Against an Underage OUI Charge

At Geraghty Law, we evaluate every aspect of the case to determine the best course of action. Possible defenses may include:

  • Challenging the legality of the traffic stop
  • Disputing the accuracy or reliability of the breathalyzer test
  • Questioning field sobriety test procedures
  • Demonstrating the BAC was rising at the time of the test
  • Negotiating alternative resolutions, including dismissal or continuance without a finding (CWOF)

Because Massachusetts law and RMV policies are complex and unforgiving, it’s critical for underage drivers to have guidance at every step—from arraignment through potential license reinstatement.

Facing an Underage OUI in Worcester County? Get Help Today

If you or your child has been charged with an underage OUI in Worcester County, don’t try to handle it alone. The stakes are too high, and the law is too complicated to take chances. At Geraghty Law, we understand how these cases work—and what it takes to protect a young person’s record, license, and future opportunities.

Contact Geraghty Law today to schedule a confidential consultation and start building a defense that puts you in the best position for a second chance.