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Massachusetts General Laws c. 90, § 24D

Probation of persons convicted of driving under the influence; driver alcohol education program; alcohol treatment and rehabilitation programs; fees; indigents; gifts and grants; report

Massachusetts OUI statute · Checked against the official text September 3, 2026 · How we research and review these pages

What this section governs

First-offender OUI disposition: probation, a driver alcohol education program, and a 45–90 day license loss.

Plain-language summary

Section 24D is Massachusetts' first-offender OUI disposition. A person convicted of or charged with operating with a blood-alcohol percentage of 0.08 or greater, or while under the influence of intoxicating liquor, a controlled substance, or toxic vapors, may, with their consent, be placed on probation for up to two years and must, as a condition, be assigned to a driver alcohol education program and, if the court deems it necessary, to an alcohol or controlled-substance treatment or rehabilitation program. The person's license is suspended for 45 to 90 days — 210 days if the offense was committed under age 21, with assignment to a youth-specific program, or to the "14-day second offender in-home program" for a driver aged 17 to 21 with a BAC of 0.20 or more. The disposition is in addition to any penalties under § 24(1)(a)(1). A defendant convicted after trial is presumed an appropriate candidate unless the judge finds otherwise in writing. Eligibility covers anyone never before convicted of OUI or assigned to a like program in any jurisdiction, and, once in a lifetime, anyone whose single prior OUI conviction or program assignment was ten or more years before the new offense; after such a second disposition, every prior counts for sentencing under § 24(1) on any later OUI. The section does not apply where the events caused serious personal injury or death. On disposition the defendant surrenders their license to probation, and may immediately apply to the Registrar for a hardship license valid for the same 12-hour period seven days a week; where the BAC was 0.15 or greater the Registrar may require an ignition interlock device on every vehicle for the duration of the hardship license. Later paragraphs (not excerpted) govern program administration by the Department of Public Health, program fees and indigency waivers, gifts and grants, and a $250 probation fee.

Official text (excerpt)

Section 24D: Probation of persons convicted of driving under the influence; driver alcohol education program; alcohol treatment and rehabilitation programs; fees; indigents; gifts and grants; report. Section 24D. Any person convicted of or charged with operating a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, controlled substance or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270, may if such person consents, be placed on probation for not more than two years and shall, as a condition of probation, be assigned to a driver alcohol education program as provided herein and, if deemed necessary by the court, to an alcohol or controlled substance abuse treatment or rehabilitation program or to both, and such person's license or right to operate shall be suspended for a period of no less than forty-five nor more than ninety days; provided, however, that if such person was under the age of twenty-one when the offense was committed, the person's license or right to operate shall be suspended for two hundred and ten days, and such person shall be assigned to a program specifically designed by the department of public health for the education and treatment of drivers who operates a motor vehicle after or while consuming alcohol, controlled substances or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270, except for a person aged 17 to 21, inclusive, whose blood alcohol percentage, by weight, was not less than.20, in which case such person shall be assigned to a driver alcohol treatment and rehabilitation program known as the ''14–day second offender in-home program''. Such order of probation shall be in addition to any penalties imposed as provided in subparagraph (1) of paragraph (a) of subdivision (1) of section twenty-four and shall be in addition to any requirements imposed as a condition for any suspension of sentence. Said person shall cooperate in an investigation conducted by the probation staff of the court for supervision of cases of operating under the influence and operating with a blood alcohol percentage of eight one-hundredths or greater, or in such manner as the commissioner of probation shall determine. A defendant not otherwise prohibited by this section, upon conviction after a trial on the merits, shall be presumed to be an appropriate candidate for the above mentioned programs; provided, however, that a judge who deems that the defendant is not a suitable candidate for said programs shall make such findings in writing. This section shall apply to any person who has never been convicted of operating a motor vehicle while under the influence of intoxicating liquor or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction. This section shall also apply to any person convicted of or charged with operating a motor vehicle while under the influence of intoxicating liquor who has been convicted of such offense or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a single like offense by a court of the commonwealth or any other jurisdiction 10 years or more before the date of the commission of the offense for which he is to be sentenced, once in his lifetime. If, after receiving a sentence for a second disposition pursuant to this paragraph, a person is convicted of an additional operating under the influence of intoxicating liquor all prior convictions or assignments to an alcohol or controlled substances program by a court of the commonwealth or any other jurisdiction shall be counted for purposes of sentencing under subdivision (1) of section 24. This section shall not apply to any person who caused serious personal injury to or the death of another person during the events that gave rise to the complaint or indictment for operating under the influence of alcohol. Upon each disposition under this section, the defendant will surrender any Massachusetts drivers license or permit in his possession to the probation department of that court. The probation department will dispose of the license, and the court shall report the disposition in the case in a manner as determined by the registrar. Notwithstanding the provisions of subparagraph (1) of paragraph (c) of subdivision (2) of section 24, subparagraph (1) of paragraph (f) of subdivision (1) of section 24, and section 24P, a defendant may immediately upon entering a program pursuant to this section apply to the registrar for consideration of a limited license for hardship purposes. The registrar, at his discretion, may issue such license under such terms and conditions as he may prescribe. Any such license shall be valid for an identical 12 hour period, 7 days a week. This provision shall also apply to any other suspensions due to the same incident that may be in effect pursuant to said subparagraph (1) of paragraph (c) of subdivision (2) of section 24, said subparagraph (1) of paragraph (f) of subdivision (1) of said section 24 and section 24P of this chapter. Nothing in this section shall be construed to authorize hardship eligibility if the person is suspended or revoked, or to be suspended or revoked, under any other statute not referenced in this section, or due to any other incident. Failure of the operator to complete his obligations to the program, or remain in compliance with court probation, shall be cause for immediate revocation of the hardship license. In these and all cases where a hardship license is sought by an operator, the probation office for the court where the offender is on probation will, upon request, furnish the registry with documentation verifying the person's status with probation. In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this section requiring that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

[…] An additional fee of two hundred and fifty dollars shall be paid to the chief probation officer of each court by each person placed in a program of driver alcohol or controlled substance abuse education pursuant to this section and all such fees shall be deposited with the state treasurer, subject to appropriation, for the support of programs operated by the secretary of public safety, the alcohol beverage control commission, and the department of public health for the investigation, enforcement, treatment and rehabilitation of those persons convicted of or charged with driving under the influence of intoxicating liquor or drugs.

Source: Massachusetts General Court, accessed September 3, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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