Under 21 OUI Charge in Massachusetts

Your Child Was Arrested for OUI. Here’s What You Need to Know Right Now. An under-21 OUI charge in Massachusetts is serious — but it is not the end of the road. Attorney Michael DelSignore has been defending young people in exactly this situation for over 20 years. Many of these cases are won. The Most Important Thing Parents Get Wrong

If your son or daughter was arrested for OUI in Massachusetts and is under 21, there is a critical distinction that most families misunderstand — and it directly affects how strong the defense can be.

The legal limit for a conviction in court is still .08 — not .04. Many parents confuse the RMV’s lower threshold (.04) for suspending a license with what the Commonwealth must actually prove to get a conviction. Even with a breath test result between .04 and .07, the prosecution must still meet the same high standard of proof as any OUI case. Your child has every defense available to them.

This distinction matters enormously for your child’s defense strategy. A breath test number that seems damning may still result in a not guilty verdict at trial — especially when challenged by an experienced attorney.

LICENSE CONSEQUENCES What Happens to Your Child’s Driver’s License

There are two separate systems in play: the RMV, which handles the license suspension, and the court, which handles the criminal charge. They run on separate tracks and can produce different outcomes. Understanding both is essential from day one.

DO NOT ASSUME THE WORST Many Under-21 OUI Cases Are Winnable in Court

Being under 21 does not make the case harder to win. The Commonwealth must prove guilt beyond a reasonable doubt — the same high standard as any adult OUI case. Attorney DelSignore has won jury trials and bench trials for clients under 21, frequently without the jury ever learning the defendant’s age, because it was simply never put into evidence by the prosecution.

When evaluating whether to go to trial or consider a negotiated resolution, Attorney DelSignore looks at:

1. The driving pattern - Was the driving clearly erratic, or was it a minor infraction? A routine traffic stop with no signs of impaired driving is difficult for the Commonwealth to build a case around.
2. What your child said during the stop - Did they admit to drinking heavily or say they felt impaired? Cases without a strong admission are often the strongest candidates for trial.
3. Field sobriety test performance - Apparent poor performance is often explainable — nerves, unfamiliar instructions, or inadequate explanation from the officer. Many of these “failures” are far less convincing to a jury than they appear on paper.
4. Video evidence - Dashcam and bodycam footage sometimes shows far less impairment than the officer’s written report describes. This can be a powerful tool at trial.

WHAT TO EXPECT The Court Process: A Timeline for Families

Most under-21 OUI cases in Massachusetts take between six and nine months to resolve, depending on the court. Here is a clear overview of what the process looks like from start to finish.

1. Arraignment - Your child’s first court date. A not guilty plea is entered — this is standard and does not prejudge anything. Attorney DelSignore begins collecting police reports and all available evidence.
2. Pre-trial conference - Attorney DelSignore meets with the prosecutor, reviews the evidence in full, and determines whether any motions should be filed to challenge how the stop, arrest, or breath test was conducted.
3. Motions to suppress (if applicable) - If there are grounds to challenge the legality of the stop or the reliability of the breath test, a motion to suppress evidence can be filed. A successful motion can end the case entirely or significantly weaken the prosecution’s position.
4. Trial or resolution - The case either goes to trial (bench or jury) or is resolved through a plea agreement. Attorney DelSignore personally handles every trial — he never passes cases to a junior attorney.

WHY DELSIGNORE LAW What Working With Attorney DelSignore Means for Your Family

Attorney DelSignore has been defending under-21 OUI cases for over 20 years. When you hire DelSignore Law, your child’s case stays with him — he does not delegate it to a less experienced attorney the way many larger firms do. He genuinely enjoys helping young people navigate a serious mistake and get their futures back on track.

He understands that as a parent, you are likely upset about the situation — and rightfully so. But upset and convicted are two very different things. A poor decision to drive instead of calling a rideshare does not mean the case cannot be won.