Under 21 OUI

Being charged with OUI in Massachusetts if you are under 21, has some different consequences in terms of your license. When you are under 21, you should understand the following about your case:

  1. License implications for refusing a breath test;
  2. Taking a breath test with a result over .02 and over .08
  3. That the legal limit for someone under 21 is still the same as for someone over 21 for purposes of proving the offense in Court.

Under 21 and Charged with an OUI?

Penalties for Breathalyzer Refusal and Failures

If you refused the breathalyzer, the RMV will suspend your license for 3 years. You have only 15 days from the date of your arrest to request a hearting at the Boston RMV.

If you fail the breathalyzer, you will face a 180-day license suspension. However, if you enroll in the Youth Alcohol Program, this suspension will be reduced to 30 days.

If you admit to the OUI offense or are found guilty, you face a separate 210-day license suspension that starts from the date of the plea or conviction if there is a trial. This suspension is separate and in addition to any suspension for refusing or failing a breath test. At your trial, the legal limit is still .08 in Court for a person under 21. The penalties for having a breath test over .02 are administrative penalties imposed by the RMV.

What happens in Court?

You should understand that even though you are under 21, the legal limit is still .08 for Court purposes. In many cases that I have had, the government has never gotten evidence that my client was under 21 at the time of the arrest. Attorney DelSignore has had numerous trials with individuals under 21 who have been found not guilty because the legal standard, the burden of proof, and the presumption of innocence, still applies to someone under 21 the same way as it would apply to them if they were over 21. The government must still prove that alcohol diminished the ability to drive safely and must prove this beyond a reasonable doubt.

At trial, there can be strong defenses regardless of the age of the individual charged.

It is important to remember that in Court, the legal standard is still .08, whether or not someone is 21.

If you or a family member were arrested for OUI and are under 21, feel free to contact Attorney DelSignore at 781-686-5924 or 508-455-4755.

Massachusetts Criminal Defense Lawyer Blog - DUI Defenses

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