Top Massachusetts OUI DUI DWI Lawyers and Attorneys
1-800-DIAL-DUI - America's Top DUI & DWI Defense Attorneys
1-800-DIAL-DUI (areas 781, 508) © 1-800-DIAL-DWI ©
1-800-DIAL-DUI - America's Top DUI & DWI Defense Attorneys
design image
Home
MA DUI OUI DWI LAWS
Mass DUI Drivers License
Beat a MA DUI!
MA DUI Penalties
Boston DUI News
Mass DUI Rules
Massachusetts DUI Laws
Find An Attorney
Field Sobriety Tests
40 Ways To Beat a DUI
DUI & DWI Laws
Alternatives To Jail
Alcohol Properties
Drivers License
Breathalyzer Tests
Web Resources
As Seen on ABC, NBC, FOX & Oprah
Click Here for Free Case Review
Call Now for a Free Consultation 1-800-DIAL-DUI - 1-800-DIAL-DWI
Massachusetts DUI OUI DWI Statute 90.24D

 CALL 1-800-DIAL-DUI (ext. 508) NOW TO DISCUSS YOUR MASSACHUSETTS DUI DWI DRUNK DRIVING CASE OR

   Ask A Question - Free!

        Offices available throughout Massachusetts

 
 THE MASSACHUSETTS DUI LAWS & STATUTE 90.24D  
 

Your Massachusetts OUI Lawyer wants you to be well informed. We are providing the Massachusetts Code (excerpts of the actual Massachusetts OUI law) to keep you abreast of the latest new OUI laws in the State of Massachusetts.

Note: These excerpts are for informational purposes only. Please consult your Massachusetts OUI Lawyer for legal advice if you are facing issues with the OUI law in Massachusetts.

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

ARTICLE VEHICLES.

Chapter 90: Section 24D Probation of persons convicted of driving under the influence; driver alcohol education program; alcohol treatment and rehabilitation programs; fees; indigents; gifts and grants; report

[ First paragraph effective until June 30, 2003. For text effective June 30, 2003, see next page.]

Section 24D. Any person convicted of or charged with operating a motor vehicle while under the influence of intoxicating liquor, may if such person consents, be placed on probation for not more than two years and shall, as a condition of probation, be assigned to a driver alcohol education program as provided herein and, if deemed necessary by the court, to an alcohol treatment or rehabilitation program or to both, and such person's license or right to operate shall be suspended for a period of no less than forty-five nor more than ninety days; provided, however, that if such person was under the age of twenty-one when the offense was committed, the person's license or right to operate shall be suspended for two hundred and ten days, and such person shall be assigned to a program specifically designed by the department of public health for the education and treatment of underage drinking drivers. Such order of probation shall be in addition to any penalties imposed as provided in subparagraph (1) of paragraph (a) of subdivision (1) of section twenty-four and shall be in addition to any requirements imposed as a condition for any suspension of sentence. Said person shall cooperate in an investigation conducted by the probation staff of the court for supervision of cases of operating under the influence of intoxicating liquor in such manner as the commissioner of probation shall determine. A defendant not otherwise prohibited by this section, upon conviction after a trial on the merits, shall be presumed to be an appropriate candidate for the above mentioned programs; provided, however, that a judge who deems that the defendant is not a suitable candidate for said programs shall make such findings in writing.

[ First paragraph as amended by 2003, 28, Secs. 8--12 effective June 30, 2003. For text effective until June 30, 2003, see previous page.]

Any person convicted of or charged with operating a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, controlled substance or the vapors of glue, may if such person consents, be placed on probation for not more than two years and shall, as a condition of probation, be assigned to a driver alcohol education program as provided herein and, if deemed necessary by the court, to an alcohol or controlled substance abuse treatment or rehabilitation program or to both, and such person's license or right to operate shall be suspended for a period of no less than forty-five nor more than ninety days; provided, however, that if such person was under the age of twenty-one when the offense was committed, the person's license or right to operate shall be suspended for two hundred and ten days, and such person shall be assigned to a program specifically designed by the department of public health for the education and treatment of drivers who operates a motor vehicle after or while consuming alcohol, controlled substances or the vapors of glue. Such order of probation shall be in addition to any penalties imposed as provided in subparagraph (1) of paragraph (a) of subdivision (1) of section twenty-four and shall be in addition to any requirements imposed as a condition for any suspension of sentence. Said person shall cooperate in an investigation conducted by the probation staff of the court for supervision of cases of operating under the influence and operating with a blood alcohol percentage of eight one-hundredths or greater, or in such manner as the commissioner of probation shall determine. A defendant not otherwise prohibited by this section, upon conviction after a trial on the merits, shall be presumed to be an appropriate candidate for the above mentioned programs; provided, however, that a judge who deems that the defendant is not a suitable candidate for said programs shall make such findings in writing.

[ First paragraph as amended by 2003, 28, Secs. 8--12 effective June 30, 2003. For text effective until June 30, 2003, see previous page.]

This section shall apply to any person who has never been convicted of operating a motor vehicle while under the influence of intoxicating liquor or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction. This section shall also apply to any person convicted of or charged with operating a motor vehicle while under the influence of intoxicating liquor who has been convicted of such offense or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a single like offense by a court of the commonwealth or any other jurisdiction 10 years or more before the date of the commission of the offense for which he is to be sentenced, once in his lifetime. If, after receiving a sentence for a second disposition pursuant to this paragraph, a person is convicted of an additional operating under the influence of intoxicating liquor all prior convictions or assignments to an alcohol or controlled substances program by a court of the commonwealth or any other jurisdiction shall be counted for purposes of sentencing under subdivision (1) of section 24.

    This section shall not apply to any person who caused serious personal injury to or the death of another person during the events that gave rise to the complaint or indictment for operating under the influence of alcohol. 
 
CALL 1-800-DIAL-DUI (ext. 781, 508) NOW TO DISCUSS YOUR MASSACHUSETTS DUI DWI DRUNK DRIVING CASE OR
 
Click Here for Free Case Review  

 


"all" class="brClearAll" />
design image