OUI: Minors/Persons Under 21
If you are under 21 years old and consent to a breath or chemical test, you are subject to:
- Administrative penalties for a BAC of 0.02%; and
- Standard OUI penalties for a BAC of 0.08% or higher.
- 18-20 years old: License suspension for 30 days + 180 days under the Juvenile Operator Law
- Under 18: License suspension for 30 days + 1 year under the Juvenile Operator Law
- *In both cases, the additional 180 days may be waived if you enroll in the Youth Alcohol Program
- Mandatory Enrollment in the Youth Alcohol Program (YAP)
- Fine: $500 to $5,000
- Incarceration: Zero to a maximum of 2.5 years
- Driver's license suspension: 1 year
If you are under 18 and you are arrested for operating under the influence of alcohol, the penalties are further enhanced, and required you to serve an additional one-year suspension and attend the YAP program. If convicted of an OUI, you may still be eligible to obtain a hardship license, however, a judge might have some reservations and could opt to deny your application.
IMPLIED CONSENT LAW/REFUSAL OF BREATH TEST
The Commonwealth of Massachusetts follows what is known as the Implied Consent Law. Essentially, this means that by obtaining a driver’s license from any state in the United States, you impliedly consent to taking a field sobriety test, breath test or chemical test if requested by a law enforcement officer. If you under the age of 21 and refuse to submit to a breath or chemical test, you will automatically be subject to penalties including:
- License suspension for first offense: 3 years
- Suspension for Second Offense: 5 years
- Suspension for Third Offense: Lifetime
For more than 18 years, Attorney Patrick J. Murphy has focused exclusively on providing successful legal representation to criminal defendants – securing freedom and independence for hundreds of clients facing serious criminal charges throughout the Boston, Massachusetts area. If you have been charged with a crime in Boston or the surrounding area, contact Attorney Murphy today for a free and confidential assessment of your case. As a dedicated legal advocate, Attorney Murphy is available 24/7: call 617-367-0450 now, or complete the contacts tab on our website.