Underage OUI Lawyer in Attleboro, MA

Underage drivers face immediate administrative license suspensions. We represent clients before the Massachusetts RMV to pursue available relief and, when appropriate, evaluate hardship license eligibility.

Negotiation & Diversion Strategy

For eligible first-time offenders, we explore structured resolutions that may minimize long-term impact. Protecting a young client’s criminal record is often a central strategic objective.

Trial Preparation When Necessary

If the case warrants litigation, we prepare thoroughly for trial, challenging both impairment evidence and the reliability of testing procedures.

Why Legal Representation Is Essential in Underage OUI Cases

Underage drivers are subject to heightened scrutiny and stricter license standards. The administrative and criminal systems operate simultaneously, creating procedural complexity.

Without experienced counsel:

• Critical deadlines may be missed
• Administrative relief opportunities may be lost
• Long-term consequences may not be fully considered

Early legal intervention can materially affect both license outcomes and criminal exposure.

What Constitutes an Underage OUI in Massachusetts?

Massachusetts enforces a .02% blood alcohol concentration (BAC) threshold for drivers under age 21.

This means:

• A BAC of .02% or higher can trigger administrative license consequences.
• A BAC of .08% or higher subjects the driver to standard adult OUI prosecution.

A breath test refusal results in automatic administrative suspension penalties that are more severe for underage drivers.

Even minimal alcohol consumption can therefore result in significant legal exposure.

Massachusetts Penalties for Underage OUI

If a driver under 21 is convicted of OUI, penalties can include:

Criminal Penalties (First Offense OUI)

• Up to two and a half years in the House of Correction
• Fine of $500 to $5,000
• One-year license suspension

Alternative disposition (24D): If eligible, the driver may receive probation and a mandatory alcohol education program, which typically reduces the court-ordered suspension to 45–90 days for adults. However, for those under 21, the court-ordered suspension is typically 210 days, even with the 24D program.

Additional Underage License Consequences

If a driver under 21 fails a breath test (.02% or higher but under .08%), the Registry of Motor Vehicles may impose:

• 30-day suspension for a first administrative violation
• The RMV adds a mandatory 180-day suspension (for ages 18-21) or a one-year suspension (for those under 18) under the Junior Operator Law (JOL).
• Additional educational program requirements

If convicted of OUI while under 21, the RMV typically imposes:

• One-year suspension, plus
• An additional 180-day suspension for being under 21 at the time of the offense

If the underage driver refuses a breath test:

• The suspension for a first-offense refusal is three years plus an additional 180 days (for ages 18–21) or three years plus one year (for those under 18).
• Most first-time offenders under 21 who refuse the breathalyzer face a total of three and a half years of administrative license loss before the criminal case even begins.

These administrative suspensions are separate from court-imposed penalties.

How an Underage OUI Can Impact a Young Person’s Life

The consequences extend beyond court penalties:

• Immediate loss of driving privileges
• Interruption of school or employment
• College disciplinary proceedings
• Scholarship risk
• Professional licensing complications
• Substantial insurance increases
• Permanent criminal record (if convicted)

The Advantages of Working with Brian D. Roman, Attorney at Law

Attorney Roman has over three decades of criminal law experience, including prior service as a prosecutor. That experience provides valuable insight into how OUI cases are built and challenged.

Our firm provides:

• Comprehensive constitutional analysis
• Technical evaluation of breath testing evidence
• Coordinated defense of criminal and RMV proceedings
• Strategic negotiation focused on long-term impact
• Trial-ready representation when necessary

Underage OUI charges carry serious consequences, but they do not eliminate your defenses.

If you or your child is facing an underage OUI charge in Massachusetts, we can work to protect driving privileges, safeguard educational and professional opportunities, and build a disciplined defense strategy. 

Call (508) 687-6404 or reach us online for a free case review with our Attleboro underage OUI attorney also serving Wrentham, all of Massachusetts, and Rhode Island.