Under 21

Junior Operator Laws

Under Melanie’s Bill the penalties for person under the age of 21 are almost unbearable. Below are the suspensions imposed both under G.L. ch. 90, § 24, the criminal statute for operating under the influence of alcohol, and penalties under G.L. ch. 90, § 24P the Junior Operator Law (JOL). The additional suspension under the JOL statute is supposed to be designed to get young people charged with an OUI, DWI, and DUI who refuse a chemical test to undergo an education about alcohol education class regardless of what occurs with their criminal case, i.e. even if the person is found Not Guilty of the OUI, DUI, and DWI. The penalties are different depending on the age of the youth

Chemical Test Refusals

If the youth is 18-21, the following suspension will occur if you REFUSED the breath test.

  • No prior offenses 3 years + 180 days under JOL suspension
  • 1 prior offense 3 years + 180 days under JOL suspension
  • 2 prior offense 5 years + 180 days under JOL suspension
  • 3 or more prior offenses Lifetime + 180 days under JOL suspension

The 180 day JOL suspension is waivable upon entry into the program. There are numerous programs throughout the state. The program that they must complete is actually the same alcohol education program that a first offender would attend if they admitted or were found guilty and placed on probation under G.L. ch. 90, § 24D, the so called “24D program.”

If the youth is UNDER 18, the following suspension will occur if you REFUSED the breath test.

  • No prior offenses 3 years + One year under JOL suspension
  • 1 prior offense 3 years + One year under JOL suspension
  • 2 prior offense 5 years + One year under JOL suspension
  • 3 or more prior offenses Lifetime + One year under JOL suspension

180 days JOL suspension is waivable upon entry into the program. There are numerous programs throughout the state. The program that they must complete is actually the same alcohol education program that a first offender would attend if they admitted or were found guilty and placed on probation under G.L. ch. 90, § 24D, the so called “24D program.”

Chemical Test Failures

A chemical test failure is defined as a person under 21 with a .02 blood alcohol content (BAC). This is different than the criminal standard of .08 or greater. Youths have the same criminal standard as adults, but will obviously face additional administrative penalties.

  • 30 days or until the case is terminated for your failure + 180 days under the JOL statute.
  • The 180 day JOL suspension is waivable upon entry into the program. There are numerous programs throughout the state. The program that they must complete is actually the same alcohol education program that a first offender would attend if they admitted or were found guilty and placed on probation under G.L. ch. 90, § 24D, the so called “24D program.”

If the youth UNDER 18, the following suspension will occur if you FAILED the breath test.

  • 30 days or until the case is terminated for your failure + 180 days under the JOL statute.
  • 180 days JOL suspension is waivable upon entry into the program. There are numerous programs throughout the state. The program that they must complete is actually the same alcohol education program that a first offender would attend if they admitted or were found guilty and placed on probation under G.L. ch. 90, § 24D, the so called “24D program.”