Those under 21 years of age face significant administrative licensing consequences if they produce a BAC of 0.02% or greater, or if they refuse a breathalyzer. If your child is charged with drunk driving in Massachusetts, your first step should be to consult a lawyer.
If your child has been charged with 1st offense DUI, it does not mean that your child’s life is over. While you do have good reason to be concerned, many people who are charged with (and even convicted of) DUI move on to lead happy and successful lives. It is, however, critically important that you become aware of the potential consequences and available options early on in the process.
Massachusetts' “Zero Tolerance” Law
The legal BAC limit in Massachusetts is 0.08%, regardless of the driver’s age. Massachusetts law, however, imposes significant administrative licensing consequences for persons under the age of 21 who produce a BAC of 0.02% or greater. This means that if your child has even just one drink and then drives, he or she could be facing a substantial license suspension.
Even if your child didn’t blow into a breathalyzer, they can still be arrested for DUI. If a police officer pulls your child over and conducts field sobriety tests, they may determine that your child is impaired and arrest them.
Your first step should be to contact a Massachusetts DUI attorney who has a track record of success. Everyone has a right to a defense in court, and where this incident has occurred so early on in your child’s life, their rights need to be protected. It’s important to contact an attorney as soon as possible so that they can appropriately advise you of the potential consequences and impending license suspensions.
If you can, try to obtain an attorney before your child’s arraignment. An attorney will evaluate your child’s case and help you formulate a plan of action. Your child’s attorney will also represent your child in court, defend their rights, and attempt to provide them with a favorable outcome, such as a verdict of “Not Guilty” or a dismissal of their case.
Possible Penalties if Your Child is Charged with Drunk Driving
For a 1st offense DUI, your child faces the following maximum penalties if they are under the age of 18:
- 1-year Junior Operator Law license suspension.
- Additional 3-year license suspension (if they refused a breathalyzer).
- Additional 30 day suspension (if they took the breathalyzer and produced a result of 0.02% or greater)
- Up to 2 ½ years in a house of correction.
- A fine of $500 to $5,000.
For a 1st offense DUI, your child faces the following maximum penalties if they are between the ages of 18 and 21:
- 180-day Junior Operator Law license suspension.
- Additional 3-year license suspension (if they refused a breathalyzer).
- Additional 30 day suspension (if they took the breathalyzer and produced a result of 0.02% or greater)
- Up to 2 ½ years in a house of correction.
- A fine of $500 to $5,000.
It is important to note that most first time DUI offenders DO NOT serve ANY jail time. Instead, they usually receive a term of probation and are required to take a driver alcohol education class. This is know known as the alternative disposition, or 24D disposition.
Alternative disposition it is the most common outcome for 1st offenders. It is not, however, available when a DUI resulted in serious bodily injury or death.
How to Help Your Child After a DUI
If your child is under the age of 18, a 1st offense misdemeanor DUI will go on their juvenile criminal record. This could have an immediate impact on your child’s life. It may bar them from participating in school activities, such as athletic teams, and it may make it more difficult for your child to get accepted into colleges. It could also make it harder for your child to work a part-time job.
Furthermore, the loss of your child’s license may make it more difficult for them to get to work, get to school, or get to extracurricular activities. An attorney can help address the license suspensions that are in play, as well as represent your child at either the RMV or Board of Appeal.
Your Child’s DUI Defense
A DUI charge can be overwhelming for both parents and children, but it doesn’t have to ruin your child’s future. Remember, it is the burden of the prosecution to prove that your child is guilty of operating under the influence. An experienced Massachusetts DUI attorney will explore every available avenue for defending your child so they can move on with their life.
