Drivers License Suspension Administrative Hearings
BREATH TEST FAILURES AND REFUSALS
Note: Operators under age 21 face additional
penalties to the following under c.90,§24P (see elsewhere
in these materials)
CHEMICAL TEST FAILURES:
A breath test of .08 for operators over age 21, or
.02 for operators under age 21 incurs a 90 day suspension.
Note: This suspension terminates at 90 days or with the
disposition of the case, whichever is earlier.
CHEMICAL TEST REFUSALS:
Suspensions for Chemical Test Refusals increase when
the operator has had previous OUI convictions within 10
years prior to the new arrest. Contrary to the popular
opinion, the enhanced suspensions are not based on previous
refusals.
120 days: Operator over age 21 who refuses
and has no prior OUI convictions in 10 years
180 days: Operator over age 21 who refuses
and has one prior OUI conviction in 10 years, or operator
under age 21 with no or one prior OUI conviction in 10
years.
1 Year: Operator who refuses and has two
prior OUI convictions in 10 years.
UNDER 21 OUI ISSUES
The new OUI has created a separate, complex set of
rules that affect drivers under 21 differently from their
adult counterparts. These issues have come up more and
more frequently lately, Use the following as a guideline
in handling some of these issues.
NOTE: See "Junior Operator"
section for additional under age 18 penalties
CHEMICAL TEST REFUSALS
BEFORE DISPOSITION: (assuming first
offense)
180 day suspension under M.G.L. c.90, §24
(1)(f)(1)
180 day suspension under M.G.L. c.90, §24P
(run on/after the above suspension)
NOTE: The 2nd 180 day suspension under §24P
is waivable upon ENTRY into the alcohol program. Unlike
the statue for conviction, completion is not required.
If they do not complete the program, we have the authority
at that time to reinstitute the suspension.
AFTER DISPOSITION: (assuming first
offense)
GUILTY/CWOF FINDING: The minimum sentence
is 210 days, run on/after the above suspensions. The 2nd
180 day suspension is waived if the defendant enters the
program. Net result is 390 days if they enter a program.
NOT GUILTY/DISMISSAL: The operator can get
the first 180 days cleared if they get an order from the
court. They still must serve the 2nd 180 days under §24P
unless they enter a program on their own accord.
CHEMICAL TEST FAILURES
The new law calls for suspension actions even when
the BAC reading is under the limit that would result in
an OUI charge (which must be .06 or above). Any youth
having a reading of .02 or above falls under M.G.L. c.90,
§24 (1)(f)(2) and §24P EVEN IF THEY ARE NOT
CHARGED WITH OUI.
IF THERE IS NOT AN OUI CHARGE: (assuming
first offense)
180 day suspension under M.G.L. c.90, §24P
NOTE: The 180 day suspension under §24P
is waivable upon ENTRY into the alcohol program. Unlike
the statue for conviction, completion is not required.
If they do not complete the program, we have the authority
at that time to reinstitute the suspension.
IF THERE IS AN OUI CHARGE: (assuming first
offense)
90 day suspension under §24 (1)(f)(2),
or until the case ends in court (whichever is shorter)
180 day suspension under §24P (on/after),
waivable upon entry into the program.
210 days minimum if convicted, on/after
the above.
NET RESULT: A youth in this case entering
the program must serve 210 days (first offense), as the
90 days ends with the case, and the 180 days ends with
the program entry.
YOUTH ALCOHOL PROGRAM SUSPENSIONS
OPERATORS UNDER AGE 18
Applies To: Any person under age
18. Does NOT require the offender to hold a JOL.
Provisions: An additional suspension
that applies to any driver under age 18 who REFUSES or
FAILS (.02 or above) a breath test.
Penalties: 1 year suspension, in
addition to the initial refusal or failure suspension.
EXAMPLE: Youth under age 18 who is a first
offender and refuses a chemical test faces:
180 day Suspension for refusal pursuant
to M.G.L. c. 90, §24(1)(f)(1) and 1 Year Suspension
for the Youth Alcohol Program requirement pursuant to
M.G.L. c.90, §24P
NOTE: Entry in a Youth Alcohol Program
will reduce the YAP suspension to 180 days.
OPERATORS AGES 18 TO 21
Applies to: Any person ages 18 to 21. Does NOT require
the offender to hold a JOL.
Provisions: An additional suspension that
applies to any driver ages 18 to 21 who REFUSES or FAILS
(.02 or above) a breath test.
Penalties: 180 day suspension, in
addition to the initial refusal or failure suspension.
EXAMPLE: Youth under age 18 to 21 who is
a first offender and refuses a chemical test faces:
180 Day Suspension for refusal pursuant
to M.G.L. c. 90, §24(1)(f)(1) and
180 Day Suspension for the Youth Alcohol
Program requirement pursuant to M.G.L. c.90, §24P
NOTE: Entry in a Youth Alcohol Program
will waive the YAP suspension.
ADDITIONAL PROVISIONS FOR C. 90, S.24
CONVICTIONS
Applies To: Any person under age
18. No JOL required.
Provisions: Any person convicted
of a charge under M.G.L. c. 90, §24, §24G, §24I
or §24L that has NOT received a Youth Alcohol Program
suspension from the same incident.
Penalties: 1st Offense: 180 Days
2nd Offense: 1 Year
Effects of a Not Guilty / Dismissal /
Nolle Pros In OUI Cases on
Chemical Test Refusals and Failures
