The 24D first offender disposition, explained

What 24D is

Section 24D of chapter 90 lets a court handle a qualifying first OUI differently. Instead of the standard sentence and the one-year license revocation for a conviction, a person who consents can be:

• placed on probation for up to two years,
• assigned, as a condition of probation, to a driver alcohol education program, and, if the court thinks it necessary, to a treatment or rehabilitation program, and
• given a license suspension of 45 to 90 days (210 days if under 21 at the time of the offense).

The RMV describes the program as one "specifically designed by the Department of Public Health for the education and treatment of drivers who operate a motor vehicle while under the influence."

Who can get it

Section 24D is aimed at people charged with a first offense. Someone with a prior OUI conviction or program assignment generally does not qualify, although the statute has a narrow exception for an old prior offense in limited circumstances. The court decides, and the person must consent to the conditions.

24D can follow a guilty plea, an admission to sufficient facts, a continuance without a finding, or a conviction after trial. Those outcomes look different on a record, and that difference can matter for immigration, professional licenses, and future cases, so it is worth discussing with a lawyer before you agree to one.

The license side

When the court notifies the RMV of a 24D assignment, the RMV suspends the license for the period ordered, 45 to 90 days for most adults. Section 24D also says a defendant may apply to the registrar for a hardship license immediately on entering the program. If granted, it is valid for the same 12-hour period every day, seven days a week. The registrar decides whether to issue it and on what terms.

The RMV's page on breath test failures says the 30-day breathalyzer suspension does not apply where you are eligible for a first offender disposition and your case has been resolved under 24D. A refusal suspension is a different matter and runs on its own.

Costs

Section 24D requires the person to pay for the program, subject to the court's waiver rules for those who cannot afford it, and the section 24 assessments still apply to a 24D disposition. Ask the probation office in your court for the current program fee.

Finishing the program

If you complete the program and probation, the case ends on the terms the court set. If you fail to attend or violate probation, the court can bring you back and impose the standard penalties, and the RMV can extend the suspension.

24D and later offenses

A 24D assignment counts as a prior offense for future OUI charges and for RMV suspension calculations. A second OUI after a 24D brings second-offense penalties, a two-year license suspension, and the ignition interlock requirement.

Talking it through

Whether to accept a 24D disposition, and in what form, is a legal decision with long-term effects. A lawyer can explain the options at arraignment. The directory lists OUI defense attorneys in Greater Boston. Laws and program details can change; confirm with the court or a licensed attorney.