Under 21 OUI Charge in Massachusetts

Massachusetts Under 21 OUI arrest: Learn how to get back on the road and ways to win your case from Attorney Michael DelSignore—one of Massachusetts leading OUI Lawyers.

When you or your son or daughter, face an OUI charge in Massachusetts and are under 21, you will often be confused about the license implications and the legal process. Attorney DelSignore has been helping defend Under 21 OUI arrests for over twenty-years and can give you direct advice about the license implication and the Court process.

Being charged with OUI in Massachusetts if you are under 21, has different consequences in terms of your license as opposed to if you were over the age of 21.

The legal limit for Court purposes is still .08; many charged with OUI confuse the RMV consequences with the standard of proof in Court. While the RMV will suspend your license for a Blood alcohol of .04 or higher, in Court, to prove you guilty of an OUI, the legal limit is still .08 if you took a breath test. You still have all the defenses available even if you are under 21. In Attorney DelSignore’s experience, many times the fact that you are under 21 will never be admitted into evidence by the District Attorney. Even if you are under 21, the Commonwealth still has to prove the case beyond a reasonable doubt in Court to obtain a conviction.

Attorney DelSignore has had many not guilty verdicts with clients under 21:

Recent Under 21 not guilty Verdict: Wrentham District Court .13 breath test; in this case, Attorney DelSignore was able. To get the breath test excluded from evidence; this was a case that Attorney DelSignore had two separate evidentiary hearings to get the results excluded but was not abel to get the results excluded until the day of trial. With no breath test being offered at trial, Attorney DelSignore was able to raise reasonable doubt as to the observations and the client was found not guilty.

There are two suspensions at play for a person under 21 who blows over a .08 or.04.

If you blow over.04, the RMV will suspend your license for six months. If you enroll in the Youth Alcohol Program, also known as the 24D, you can have this suspension waived, meaning you will be able to reinstate your drivers license without serving the six-month suspension. Practical note from Attorney DelSignore: enroll in the OUI program as quickly as possible when you take a breath test to avoid being suspended longer than necessary. You will not receive credit toward any suspension if you are convicted if you do not get your license back as soon as possible.

If you are under 21, and blew over a.08, in addition to a six month suspension, you would also have a 30 day suspension for the breath testing being over.08. With any under 21 OUI arrest with a breath test over.08, you are looking at a seven month suspension unless you enroll in the Youth Alcohol Program, then it would be reduced to thirty days.

When a person is under 21, the breath test refusal suspension is enhanced to three years from 180 days. This does not mean you should not have refused the breath test. If you are found not guilty, there is a presumption of reinstatement and you can have the balance of the three year suspension removed. If you are convicted or accept a plea, you can typically get a hardship license. Depending on the facts of the case, that could involve the requirement that you install an interlock device in your car.

Attorney DelSignore has won many cases for clients under 21, both with bench and jury trials. In the vast majority of those cases, the jury never knew the age of the person charged because it was not offered into evidence.

• If you are convicted of a 1st offense OUI and or accept a CWOF on a 1st offense OUI, you will face a 210 day license result as a result of being underage rather than the 45 day suspension that most adults over 21 would receive.

Attorney DelSignore looks at the following:

1. Was the driving a major sign of drunk driving; if not, this is a strong case for trial. Minor driving infractions make that result in an OUI arrest make difficult cases for the Commonwealth to prove beyond a reasonable doubt; this does not mean an accident case cannot result in a not guilty verdict but it requires a different focus as part of the defense.
2. Is there an admission to drinking a high number of drinks or any admission to being impaired? Case without an admission to drinking a lot of alcohol are often strong cases for trial.
3. Do the field sobriety tests reveal major signs of impairment. In many cases, the field sobriety tests show that you did not comply with minor details of the field exercises, which can be explained by being unfamiliar with the exercises, being nervous or lack of fair explanation of the field sobriety tests by the officer.
4. Do you seem impaired in any video evidence?

The process of an underage OUI case takes between six to nine months, depending on the court. Attorney DelSignore may be able to file a motion to suppress evidence (case specific), or the case may be fast-tracked and put on for a quick trial date. There is an initial fact-gathering process once the case begins, followed by court dates and whether the case requires a motion, goes to trial, or is resolved.

When you work with Attorney DelSignore, you get the benefit of his 20 years experience; he does not pass your case on to a less experienced lawyer to handle the trial like many of his collogues who handle OUI Defense will do. He enjoys helping people and especially finds rewarding helping young people get their life back on track after a mistake. A mistake in driving instead of taking an Uber may be something a parent will want to punish and will be upset that their child is arrest, but it does not mean you cannot win the case and avoid an OUI conviction or CWOF.

Contact us at DelSignore Law today; we accept both phone calls and texts anytime, at 781-686-592. Never worth that it is too late or early to call, weekend and holiday calls are welcomed as we are here to help. If this is your first offense OUI, we have an explanation on the process and the possible penalties you might face.