A first-time arrest for operating under the influence (OUI) arrest in Massachusetts can leave you imagining the worst. Fortunately, there is a path forward that can help you avoid the harshest consequences.
Massachusetts provides a lifeline for people in your situation called a 24D disposition. This alternative can help you avoid a conviction while protecting your freedom and future.
Defining a 24D disposition
A 24D disposition is an alternative sentence for first-time OUI offenders in Massachusetts. It may also be available for a second offense if there has been a 10-year gap. Instead of entering a formal conviction, the court records a Continuance Without a Finding (CWOF) and places the defendant on probation.
Enrollment in the Massachusetts impaired driving (MID) program is also mandatory. Once they complete the MID program and all other probation terms, the court will generally dismiss the charge. This helps you avoid an OUI conviction on the criminal record, but it can still count as a prior offense for Registry of Motor Vehicles (RMV) purposes if you are re-arrested.
Key benefits of the program
Many defendants retain their driving privileges under the 24D disposition. Instead of the standard one-year suspension for a conviction, the court generally orders a license suspension of 45 to 90 days for drivers aged 21 and older. Moreover, most drivers become eligible to apply for a hardship license through the RMV almost right away.
24D disposition requirements
In addition to participating in a 16-week MID program, defendants generally need to complete one to two years of supervised probation. Fees and fines may also be part of the program, depending on the details of your case. This can include:
- Required supervision fees
- Head injury assessment
- Victim witness fee
These costs can apply automatically in certain situations and may need upfront payment or paid according to a payment plan.
Helping you get a second chance
A 24D disposition is often the best way to protect your future and your ability to drive when you are facing OUI charges for the first time. A lawyer can see if you qualify for the program while helping you through the process of securing a hardship license.