Massachusetts has adopted a "zero tolerance" approach with respect to youth alcohol consumption and motor vehicle violations. The RMV imposes extremely harsh penalties on Junior Operators, especially for alcohol related violations.
All drivers under the age of 21 face “enhanced”
penalties for operating a motor vehicle after
consuming alcoholic beverages. Operators under the age of 18 face even
stiffer sanctions for operating a motor vehicle after consuming alcoholic beverages than individuals aged 18 to
21 who committ the same offense.
A breath test reading of .02 or above will result in a license
suspension for any driver who is under the age of 21 at
the time of the arrest.
Generally, breath test readings of .02 to .05 will result in
a 1 year license suspension. The suspension may be reduced
to 180 days if the offender voluntarily enters and ompletes
a Youth Alcohol Program recognized by the Department of
Public Health.
An operator under the age of 18 who has been arrested
for Operating Under the Influence (OUI), and refuses to
take a chemical test (usually a breath test), faces two (2)
separate license suspensions before the case even goes to
court.
The operator (under 18) faces a one (1) year license suspension for
the chemical test refusal - if he or she has no prior record of
an OUI conviction. (If he or she has two prior OUI convictions
before the most recent arrest, the suspension period for
the refusal will be 18 months).
In addition to the above penalty, the operator faces an
additional one (1) year license suspension. The additional
suspension applies to any operator under the age of 18 who
refuses to take a chemical test of his or her breath or blood
when arrested for Operating Under the Influence. This additional
suspension may be reduced to a period of 180 days if
the youthful offender voluntarily enters and completes a Youth
Alcohol Program recognized by the Department of Public
Health.
If an offender is convicted of OUI or ordered by the court
to enter a Driver Alcohol Education Program (DAEP), a 210
day suspension will be imposed in addition to the above
described suspensions.
Regardless of whether the offender fails or refuses to take
the test, it is important to note that the additional one (1) year
suspension penalty is not affected by the outcome of the
court case or criminal charges, even if the offender
is found not guilty. While there may be insufficient evidence
for a criminal conviction, the law recognizes that an operator under the age of 21 (especially one under the age
of 18) is prohibited from having any amount of alcohol in
his or her system while operating a motor vehicle. The law
requires a long period of license suspension but offers the
opportunity for a briefer suspension if the offender enters
and completes a youth alcohol counseling program.
If you need legal representation or additional information regarding these harsh consequences, please Contact us now for a FREE CONSULTATION.
