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Driving Lawyer


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Your Massachusetts OUI Lawyer wants you to be well informed. We are providing the Massachusetts Code (excerpts of the actual Massachusetts OUI law) to keep you abreast of the latest new OUI laws in the State of Massachusetts.

Note: These excerpts are for informational purposes only. Please consult your Massachusetts OUI Lawyer for legal advice if you are facing issues with the OUI law in Massachusetts.

[ First paragraph as amended by 2003, 28, Secs. 8--12 effective June 30, 2003. For text effective until June 30, 2003, see previous page.]

Any person convicted of or charged with operating a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, controlled substance or the vapors of glue, may if such person consents, be placed on probation for not more than two years and shall, as a condition of probation, be assigned to a driver alcohol education program as provided herein and, if deemed necessary by the court, to an alcohol or controlled substance abuse treatment or rehabilitation program or to both, and such person's license or right to operate shall be suspended for a period of no less than forty-five nor more than ninety days; provided, however, that if such person was under the age of twenty-one when the offense was committed, the person's license or right to operate shall be suspended for two hundred and ten days, and such person shall be assigned to a program specifically designed by the department of public health for the education and treatment of drivers who operates a motor vehicle after or while consuming alcohol, controlled substances or the vapors of glue. Such order of probation shall be in addition to any penalties imposed as provided in subparagraph (1) of paragraph (a) of subdivision (1) of section twenty-four and shall be in addition to any requirements imposed as a condition for any suspension of sentence. Said person shall cooperate in an investigation conducted by the probation staff of the court for supervision of cases of operating under the influence and operating with a blood alcohol percentage of eight one-hundredths or greater, or in such manner as the commissioner of probation shall determine. A defendant not otherwise prohibited by this section, upon conviction after a trial on the merits, shall be presumed to be an appropriate candidate for the above mentioned programs; provided, however, that a judge who deems that the defendant is not a suitable candidate for said programs shall make such findings in writing.

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