The Section 24D Disposition in a Massachusetts First Offense OUI

A Section 24D disposition is the Massachusetts first-offense OUI framework that combines probation, an alcohol education or treatment program, and a license suspension shorter than the ordinary first-offense suspension. Section 24D is itself the probationary or sentencing disposition. A Section 24D disposition may take the form of a continuance without a finding after an admission to sufficient facts, or it may be the sentence imposed after a guilty plea or a conviction at trial. A defendant with an eligible conviction can therefore receive the 45-to-90-day Section 24D suspension.

Eligibility, the court result, the program assignment, and the license consequences are separate questions. This article explains what the criminal court may order under M.G.L. c. 90, § 24D, who qualifies, when the statute permits one additional Section 24D disposition under limited conditions after 10 years, and how program compliance affects the case. The Section 24D hardship-license guide covers the Registry application. The breathalyzer decision guide compares submitting to the breath test with refusing the breathalyzer. The OUI license-suspension guide addresses every related license action.

On this page, a prior offense can include a qualifying OUI conviction or an admission to sufficient facts followed by a continuance without a finding. In addition, a prior offense can include a court-ordered assignment to an alcohol or controlled-substance education, treatment, or rehabilitation program for a like offense. A qualifying out-of-state disposition can also count as a prior offense. Only offenses before the present arrest count as prior offenses. For a person with three prior offenses, the present arrest would therefore be a potential fourth offense.

Section 24D Probation, Programs, and License Suspension

With the defendant’s consent, the court may impose probation for no more than two years. The court assigns the defendant to the driver alcohol education program and may also order alcohol or controlled-substance abuse treatment or rehabilitation if it considers that additional program necessary. For a person who was at least 21 at the time of the offense, the Section 24D license suspension is 45 to 90 days.

The Section 24D suspension is 210 days for a person who was under 21 at the time of the offense. The court also assigns the person to the Department of Public Health program designed for drivers under 21. Section 24D separately states that a person “aged 17 to 21, inclusive” whose blood alcohol percentage was .20 or greater is assigned to the 14-day second-offender in-home program.

Eligibility for a Section 24D Disposition

For a first Section 24D disposition, an otherwise eligible person must have no prior OUI conviction and no court-ordered assignment to an alcohol or controlled-substance education, treatment, or rehabilitation program for a like offense in Massachusetts or another jurisdiction.

Section 24D separately permits one additional disposition during a person’s lifetime only for a current alcohol OUI. The person must have exactly one prior like-offense conviction or qualifying court-ordered program assignment from Massachusetts or another jurisdiction 10 years or more before the new offense. The additional disposition is unavailable if the events giving rise to the current alcohol-OUI complaint or indictment caused serious personal injury or death. Readers can find further analysis in the firm’s Cahill and second Section 24D FAQs and second Section 24D guide.

Continuance Without a Finding and Court Records

A Section 24D disposition is not another name for a continuance without a finding. A Section 24D disposition may take the form of a continuance without a finding after an admission to sufficient facts, or it may be the sentence imposed after a guilty plea or a conviction at trial.

For a Section 24D disposition entered as a continuance without a finding, M.G.L. c. 90, § 24E requires a review 60 to 90 days later and permits dismissal upon satisfactory compliance. Dismissal is not automatic. The admission and the court-ordered program assignment may still have legal consequences after dismissal. A Canadian border officer, for example, can treat the admission as proof of impaired driving, as the page on traveling to Canada after an OUI explains.

Program Fees and Assessments

The Department of Public Health determines the driver alcohol education program fee, subject to the statutory default of $200. The person must also pay $250 to the court’s chief probation officer. The court must impose separate assessments of $250, principally for the Head Injury Treatment Services Trust Fund, and $50 for the Victims of Drunk Driving Trust Fund. The court may not waive those two assessments.

A person who files an affidavit of indigency within 10 days of the disposition may obtain a waiver or installment arrangement for the program fee if the probation investigation and court findings establish the statutory financial conditions.

License Consequences During the Program

Under Section 24D, an eligible participant may apply to the Registry for a hardship license immediately after entering the required program. The Registry may consider a limited license during the Section 24D suspension and the same-incident suspensions specified in Section 24D, including a suspension for refusing the breath test. Section 24D does not permit the Registry to grant a hardship license during a suspension arising from another incident or a suspension imposed under a statute that Section 24D does not list.

The Registry has discretion to grant or deny a hardship license. A hardship license that the Registry grants is valid for the same 12-hour period each day, seven days a week. The Registry may require an ignition interlock device throughout the hardship period when the driver’s blood alcohol percentage in the current case was .15 or greater. The hardship-license FAQs answer the recurring application questions. Attorney Serpa advises clients about preparation but does not appear at Registry hearings.

Forms of the Section 24D Disposition

The defendant must consent to Section 24D probation and the applicable program. After a conviction following a trial on the merits, a defendant who is not otherwise barred by Section 24D is presumed to be an appropriate candidate for the applicable Section 24D education, treatment, or rehabilitation program.

The applicable program may be the driver alcohol education program or additional alcohol or controlled-substance treatment or rehabilitation that the court considers necessary. The applicable program may also be the Department of Public Health program for a defendant under 21, or the 14-day second-offender in-home program when the statutory age and alcohol-percentage conditions apply.

A judge who finds the defendant unsuitable for the applicable program must make written findings. The criminal court applies the presumption that the defendant is an appropriate candidate only when deciding whether the defendant is suitable for the applicable Section 24D program. The defendant receives no presumption of eligibility for an RMV hardship license.

An acquittal ends the criminal prosecution without a Section 24D disposition. A defendant whose license was suspended for refusing the breath test may ask the court that took final action to restore the license. The defendant may make the request immediately after a not-guilty finding or dismissal of every OUI or related motor-vehicle charge listed in the restoration provision of M.G.L. c. 90, § 24(1)(f)(1), if no other alcohol-related charge is pending. Readers can find a separate analysis of the trial decision in the firm’s post on Massachusetts OUI trials.

Section 24D Probation Violations

Section 24D probation includes court-ordered conditions. After a new arrest or missed program obligation, the probation department may initiate surrender proceedings. The court decides whether a violation occurred and what consequence to impose. The firm explains the consequences on its page covering probation violations during a continuance without a finding.

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.