When an underage operator is arrested for Operating Under the Influence, he/she will be asked to consent to a chemical test (breathalyzer) to determine the Blood Alcohol Concentration (BAC). If you are under 21 and register a Blood Alcohol Concentration of 0.02% or greater, the Registry of Motor Vehicles (RMV) will suspend/revoke your permit/license or right to operate for 30 days in accordance with Massachusetts General Laws Chapter 90 Section 24(1)(f)(2) unless you are eligible for a first offender court disposition and your case has been resolved under Massachusetts General Laws Chapter 90 Section 24D. The arresting officer will immediately:
- Take away your permit/license (if issued by Massachusetts) or right to operate
- Provide you with a written notification of the suspension of your driver's license, effective immediately (no temporary driver's license will be issued)
- Impound your motor vehicle for 12 hours
- Notify the Registry of Motor Vehicles (RMV) of the suspension within 24 hours
The RMV will suspend/revoke your permit/license or right to operate immediately. There is no notification period.
Additionally, in accordance with Massachusetts General Laws Chapter 90 Section 24P, the RMV will also issue a Youth Alcohol Program suspension/revocation on your permit/license or right to operate. This suspension will run after the completion of the 30-day suspension for failing the breathalyzer. Refer to the Youth Alcohol Program section for more information.
You have the right to appeal your breathalyzer failure suspension before the District Court in which the underlying charges are pending. This suspension cannot be appealed at the RMV.
Hardship License Eligibility
An underage operator with a breathalyzer failure suspension/revocation is not eligible to apply for a hardship license.