The Section 24D Disposition in a Massachusetts First Offense OUI

G.L. c. 90, § 24D authorizes a probation, education, and treatment disposition for an eligible person charged with or convicted of a qualifying OUI. It may follow an admission to sufficient facts and a continuance without a finding, a guilty plea, or a conviction after a trial on the merits. The court disposition, program assignment, and license consequences must be analyzed separately.

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.

If the person was under 21 at the time of the offense, the suspension is 210 days and the court assigns 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 use of Section 24D, 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. It may follow an admission to sufficient facts and a continuance without a finding, a guilty plea, or a conviction after a trial on the merits. If the court uses the statutory continuance-without-a-finding procedure, 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 court-ordered program assignment may remain legally significant after dismissal.

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 qualifying chemical-test-refusal suspension. Section 24D does not provide hardship eligibility for another incident or a suspension under an unlisted statute.

The Registry retains discretion. If granted, the license is valid for the same 12-hour period each day, seven days a week. When the current blood alcohol percentage was .15 or greater, the Registry may require an ignition interlock device throughout the hardship period. Attorney Serpa advises clients about the hardship application but does not appear at Registry hearings.

Section 24D Dispositions After an Admission, Plea, or Trial

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, additional alcohol or controlled-substance treatment or rehabilitation that the court considers necessary, 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 this presumption 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. After a not-guilty finding or dismissal of every OUI or related motor-vehicle charge listed in the refusal-restoration provision of G.L. c. 90, § 24(1)(f)(1), and with no other alcohol-related charge pending, the defendant may immediately ask the court that took final action to restore a refusal suspension. 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. Readers can find further analysis 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.