What is a 24D Disposition for an OUI in Massachusetts?

Written By: Matthew W. Peterson

Published: 03/12/2020

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Overview of OUI 24D Disposition in Massachusetts

In Massachusetts, if you are charged with a first-time OUI or in some cases a second-time OUI, you could be eligible for a lesser sentence according to Mass. G.L. c. 90 §24D. This is referred to as a “24D Disposition.” A second-time OUI generally requires 60 days of jail time, but a 24D disposition allows you to avoid jail under certain conditions.

Who Can Get an OUI 24D Disposition in Massachusetts?

The section applies if this is your first OUI conviction or if you only have one prior OUI conviction and it happened more than 10 years before your sentencing date (Cahill disposition). You can only get a 24D disposition once in your life. This means if you have ever had a 24D disposition before, you cannot receive one again.

Who Decides Whether I Can Get a 24D Disposition for a Massachusetts OUI?

The decision to grant a 24D disposition in an OUI case ultimately rests with the judge presiding over the case. However, the district attorney plays a significant role in the process, as they may agree to recommend the alternative disposition if it is deemed appropriate based on the circumstances of the case and the defendant’s criminal history.

While the prosecution’s agreement is not an absolute requirement, courts typically defer to the Commonwealth’s recommendations in plea negotiations. If the defendant meets the statutory eligibility criteria under Massachusetts General Laws Chapter 90, Section 24D—such as being a first-time offender with no aggravating factors like serious bodily injury—the judge may be inclined to approve the disposition. However, judicial discretion allows the court to reject or modify the terms, particularly if the facts of the case warrant a harsher penalty.

What Happens if I Receive a 24D Disposition?

A 24D disposition provides for a lesser driver’s license suspension and for probation instead of jail time. You will receive one-to-two years of probation, a driver alcohol education program, and possibly an in-patient alcohol treatment program. Most importantly, the program allows for a maximum driver’s license suspension of 90 days. Normally, a second-time offender receives a two-year suspension.

If you were under 21 at the time, your license will be suspended for 210 days. If you live out of state or go to school out of state, you can attend a program in the other state, but it must pass certain requirements.

How an OUI Attorney Can Help

An OUI attorney in Massachusetts can help you determine whether you’re eligible for a 24D disposition, other programs, or even have a defense to your OUI charge.

Contact The Law Office of Matthew Peterson Today for Expert Legal Guidance!

Don’t navigate this complex legal situation alone. Reach out to the Law Office of Matthew Peterson now for a consultation and let me help you protect your rights and explore your options!

Frequently Asked Questions

1. Can I apply for a 24D Disposition if I have multiple OUIs?

No, you can only receive a 24D disposition once in your lifetime. If you have had one previously, you will not be eligible again.

2. What are the consequences of not complying with the terms of my probation?

Failing to comply with probation terms can result in additional penalties, including jail time or an extended driver’s license suspension.

3. Is there any way to appeal a judge's decision regarding my eligibility for a 24D Disposition?

Yes, if you believe that the judge made an error in determining your eligibility for a 24D disposition, you may consult with an attorney about the possibility of appealing the decision.

4. How long does it take to complete the driver alcohol education program?

The driver alcohol education program typically lasts for about 40 hours and can be completed over several weeks or months, depending on scheduling and availability.