The Section 24D Disposition in a Massachusetts First Offense OUI

Most first offense OUI cases in Massachusetts end in the same place: a disposition under M.G.L. c. 90, § 24D, known as the first offender program or the 24D disposition. Under the disposition, the driver accepts probation and an education program in exchange for a short license suspension and, in most cases, no conviction. This page sets out what the statute provides, who qualifies, what the disposition costs, and what it does to the license and the record.

What the Statute Provides

With the driver’s consent, the court places the driver on probation for not more than two years and assigns the driver to a driver alcohol education program; where the court finds it necessary, a treatment program may be ordered as well. The license or right to operate is suspended for no less than 45 and no more than 90 days. For a driver who was under 21 at the time of the offense, the suspension is 210 days, and the assignment is to a program designed by the Department of Public Health for drivers under 21. M.G.L. c. 90, § 24D.

Who Qualifies

The section applies to a driver who has never been convicted of operating under the influence and never been assigned to an alcohol or controlled substance education or treatment program for a like offense, in Massachusetts or any other jurisdiction. It also applies, once in a lifetime, to a driver whose single prior conviction or program assignment is 10 years or more before the date of the new offense. That second chance is commonly called a Cahill disposition, and it is treated in the firm’s second offense OUI FAQs and on the Cahill second chance page.

The Continuance Without a Finding and the Record

The disposition is usually entered as a continuance without a finding after an admission to sufficient facts. A continuance without a finding is not a conviction. The entry appears on the CORI maintained for court and law enforcement purposes, and the case is dismissed at the end of the probation when its conditions are met. What different employers can and cannot see is treated on the firm’s criminal records page.

The Costs the Statute Sets

The numbers are in the statutes. The driver alcohol education program fee is set by the Department of Public Health, with a statutory default of $200, and a further $250 is paid to the chief probation officer of the court. Two assessments are imposed with the OUI disposition itself: $250, the larger part of which supports the Head Injury Treatment Services Trust Fund, and $50 for the Victims of Drunk Driving Trust Fund; neither may be waived. M.G.L. c. 90, §§ 24, 24D. A driver who files an affidavit of indigency within ten days of the disposition, confirmed by the probation department, may have the program fee waived or converted to installments.

The License During the Program

The suspension under Section 24D is short by OUI standards, and its practical effect is shorter still. The statute permits a defendant to apply to the Registrar of Motor Vehicles for a hardship license immediately upon entering the program, notwithstanding the suspension provisions that would otherwise control, and any hardship license issued is valid for an identical 12 hour period, 7 days a week. The Registrar decides in the Registrar’s discretion. Where the test result was .15 or greater, the Registrar may condition the hardship license on an ignition interlock device. M.G.L. c. 90, § 24D. Attorney Serpa advises clients on the Registry process, including the hardship application; he does not appear with clients at the Registry.

The Choice Between the Program and a Trial

Section 24D is elected, never imposed. The statute requires the driver’s consent, and the choice is made with the evidence in hand: the stop, the roadside assessments, the Alcotest 9510 records, and the gaps in each. Where the Commonwealth’s proof is weak, the case is tried to a judge or a jury of six. An acquittal ends the matter, and after a not guilty finding or a dismissal of all charges the statute permits an immediate application to the trial court for restoration of a license suspended for a breath test refusal. M.G.L. c. 90, § 24. The firm’s post on how Massachusetts OUI cases are won at trial describes that choice in detail.

A Violation of the Probation

A Section 24D probation carries conditions, and a new arrest or a missed program obligation leads to a surrender hearing before the court. The consequences, including the possibility that the continuance becomes a conviction, are described in the firm’s post on probation violations and surrender hearings.

Serpa Law Office handles OUI cases across Greater Boston from offices in Boston and Quincy, including the decision between a Section 24D disposition and a trial. Call 617.936.0201 for a free consultation.