Under 21 OUI Penalties in Massachusetts

What Parents Need to Know — and How to Protect Your Child’s Future

If your son or daughter has been arrested for OUI in Massachusetts and is under 21, you are likely frightened, frustrated, and unsure what to do next.

Most parents are asking the same questions:

• How long will their license be suspended?
• Is this worse because they’re under 21?
• Does this stay on their record forever?
• Can this be beaten, or is the damage already done?

Attorney Michael DelSignore has spent over 20 years defending under-21 OUI cases across Massachusetts. He understands both the legal penalties and the real-world consequences families are worried about—and how to limit the damage.

Why Under-21 OUI Cases Are Different in Massachusetts

Massachusetts treats drivers under 21 differently even if this is their first arrest.

Two systems are involved:

1. The criminal court
2. The Registry of Motor Vehicles (RMV)

Many parents are surprised to learn that license penalties can apply even before a court case is resolved, and that those penalties are harsher for underage drivers.

License Suspensions If Your Child Took a Breath Test

Breath Test Result of .04 or Higher (Under 21)

• The RMV will impose a six-month suspension
• This happens administratively, separate from court

Important relief option:
 If your child enrolls promptly in the Youth Alcohol Program (24D), the six-month suspension can often be waived, allowing them to get back on the road much sooner. Practical advice: Delay hurts. Waiting to enroll can result in unnecessary additional suspension time that cannot be credited later.

Breath Test Result of .08 or Higher (Under 21)

Now two suspensions apply:

• Six months for being over .04 and under 21
• 30 days for being over .08

Without action, this totals seven months.

With timely enrollment in the Youth Alcohol Program:

• The suspension is often reduced to 30 days

Breath Test Refusal: Why Parents Are Alarmed

If your child refused the breath test, Massachusetts law imposes a three-year license suspension for drivers under 21 (compared to 180 days for adults).

This sounds devastating—but context matters.

• A refusal does not mean the case cannot be won
• If your child is found not guilty, there is a presumption of reinstatement
• Even if the case resolves, hardship licenses are often available, sometimes with an interlock requirement

Refusal cases are often very defensible, depending on the stop, the investigation, and the officer’s observations.

Court Penalties If There Is a Conviction or CWOF

Parents are often shocked to learn that under-21 penalties are more severe than adult first offenses.

If your child is:

• convicted of a 1st offense OUI, or
• accepts a CWOF on a 1st offense OUI

They face:

• 210-day license suspension
 (Adults over 21 typically face only 45 days)

This difference alone makes careful case evaluation critical.

What Many Parents Don’t Realize About Under-21 OUI Trials

• The legal limit in court is still .08
• The Commonwealth must still prove guilt beyond a reasonable doubt
• In many trials, the jury never learns the defendant’s age
• Being under 21 does not eliminate constitutional defenses

Attorney DelSignore has obtained not guilty verdicts for under-21 clients in both bench and jury trials—including cases involving breath tests—by challenging the stop, the observations, and the evidence.

How Attorney DelSignore Decides Whether a Case Should Go to Trial

Every under-21 case is evaluated individually. Key questions include:

1. Was the driving actually dangerous, or merely a minor infraction?
2. Did your child admit to heavy drinking or impairment?
3. Do the field sobriety tests truly show impairment, or nervousness and confusion?
4. Does video footage support or contradict the officer’s claims?

Many under-21 cases are far more defensible than parents are initially told.

The Timeline: What Parents Should Expect

Most under-21 OUI cases take six to nine months, depending on the court.

During that time:

• Evidence is gathered and reviewed
• Motions may be filed to suppress evidence
• The case may be resolved or prepared for trial

Early strategy decisions can dramatically affect both license consequences and long-term outcomes.

Why Parents Choose Attorney DelSignore

Parents trust Attorney DelSignore because:

• He personally handles the case—no hand-off to junior lawyers
• He has over 20 years of Massachusetts OUI trial experience
• He understands how to protect young people from long-term damage
• He explains options clearly so families can make informed decisions

A poor decision at this stage can follow a young person for years. The right strategy can often limit—or entirely avoid—that outcome.

Speak With Attorney DelSignore Today

If your child has been arrested for OUI and is under 21, getting accurate information early matters.

781-686-592
 Calls and texts are welcome anytime, including evenings, weekends, and holidays.

Attorney DelSignore will explain:

• the real penalties your child faces
• what can be done immediately
• whether the case should be fought or resolved

One mistake should not define your child’s future—but the response to it matters.

Call Text Attorney DelSignore anytime at 781-686-5924.

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