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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,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, 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.”

James M. Milligan
Attorney At Law
80 Washington Square, Bldg J. Norwell, MA 02061
(866) 768-5297
www.massrmvattorney.com