Underage Operating Under the Influence

Underage Operators

The Registry of Motor Vehicles (RMV) will suspend/revoke your permit/license or right to operate after receiving notification from a court of a conviction or assignment to a program for Operating Under the Influence.

Multiple suspensions/revocations resulting from an alcohol-related violation will be served consecutively. This means a suspension generated as a result of a conviction or assignment to a program for Operating Under the Influence will not begin until the suspensions for refusing a breathalyzer and the Youth Alcohol Suspension are served in their entirety.

Convictions, Suspension Periods, and Reinstatement Requirements

Suspension periods vary by the number of prior Operating Under the Influence convictions on your driving history. The RMV must consider your entire history when calculating an Operating Under the Influence suspension/revocation. The RMV will count all of your Operating Under the Influence convictions and Driver Alcohol Education Program assignments, including out-of-state convictions, no matter how old, when determining the number of convictions and the associated suspension periods. The following table lists the suspension periods and reinstatement requirements for the more common Operating Under the Influence-related convictions.

Operating Under the Influence of Alcohol or Drugs

Massachusetts General Laws Chapter 90 Section 24

1st Offense 2nd Offense 3rd Offense 4th offense 5th Offense
1 year suspension or Alternative 210 day suspension + Program Assignment 2 year suspension - Ignition Interlock Device required - *Full Exam 8 year suspension - Ignition Interlock Device required - *Full Exam 10 year suspension - Ignition Interlock Device required - *Full Exam Lifetime suspension

Operating after a suspension for a previous Operating Under the Influence offense

Massachusetts General Laws Chapter 90 Section 23

1st Offense 2nd Offense 3rd Offense 4th offense 5th Offense
1 year suspension 1 year suspension 1 year suspension 1 year suspension 1 year suspension

Child Endangerment: Operating a motor vehicle under the influence of alcohol with a child 14 years of age or younger in the vehicle

Massachusetts General Laws Chapter 90 Section 24V

1st Offense 2nd Offense 3rd Offense 4th offense 5th Offense
1 year suspension 3 year suspension - *Full Exam 3 year suspension - *Full Exam 3 year suspension - *Full Exam 3 year suspension - *Full Exam

Operating Under the Influence causing Serious Bodily Injury

Massachusetts General Laws Chapter 90 Section 24L

1st Offense 2nd Offense 3rd Offense 4th offense 5th Offense
2 year suspension - *Full Exam 2 year suspension - *Full Exam 2 year suspension - *Full Exam 2 year suspension - *Full Exam 2 year suspension - *Full Exam

Additional Related Suspension

Pursuant to Massachusetts General Laws Chapter 90 Section 24P, the RMV will issue a Youth Alcohol Program suspension/revocation on a learner's permit/license or right to operate when an underage operator fails a breathalyzer test or refuses to take a breathalyzer test. You will be required to complete a Youth Alcohol Program. Refer to the Youth Alcohol Program Suspension section for more information on the Youth Alcohol Program suspension/revocation.

* If you are required to take a Full Exam you will need to take both the learner’s permit test and a road test.

Driver Alcohol Education Program Assignments

Pursuant to Massachusetts General Laws Chapter 90 Section 24D, when convicted of, or charged with, a first offense of Operating Under the Influence, you may consent to be assigned to a Driver Alcohol Education Program as a condition of probation. When the court notifies the RMV that you have been assigned to a Driver Alcohol Education Program, the RMV will suspend your permit/license or right to operate for a period of 210 days. The Driver Alcohol Education Program is specifically designed by the Department of Public Health for the education and treatment of drivers who operate a motor vehicle while under the influence of alcohol or drugs.

Please Note: An underage operator with a 24D disposition whose blood alcohol concentration level at the time of violation was not less than 0.02% is required to do a two-week in-house program in accordance with Massachusetts General Laws Chapter 90 Section 24D.

Appealing a Suspension

Anyone aggrieved by a decision of the Registrar may appeal that decision to the Board of Appeals on Motor Vehicle Liability Policies and Bonds.