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

24D disposition OUI Massachusetts

In Massachusetts, if you are charged with a first-time OUI or in some cases of 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?

It is up to the judge, although the district attorney can also agree if appropriate.  Generally, if the Commonwealth agrees, the Court will honor that agreement.

 

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.

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 me today – I’d be glad to help!

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