FIRST TIME OFFENDERS FOR DUI

At Bentley Law Group we understand how scary it is to be stopped for drunk driving in Massachusetts.  Our clients think they will go to jail or pay a hefty fine, and it is a possibility without proper representation from counsel.  While that may be true, our Attorneys can find a way out for first time offenders. Our clients turn to us for help, because of our experience.  Our success is due to understanding the criminal system, and fighting for our clients to get the best results in a bad situation.

24 D Guidelines for DUI

In Massachusetts, DUI first offenders may get what is known as a 24D disposition for the first drunk driving (DUI) offense. Mass. 24D first offender dispositions are granted pursuant to G.L. c. 90 § 24D which allows for the case to be continued without a finding and the placement of the defendant on probation for not more than 2 years. It also requires the enrollment in and successful completion of a driver alcohol education program. 

One of the major benefits of the 24D program is that the statutory one year DUI license suspension may be reduced to 45 to 90 days, with the possibility of obtaining a hardship license during the suspension period. 

Also, a DUI First Offender disposition will generally make the first offender eligible for consideration for a hardship license during the breathalyzer refusal suspension, if there is one.  The goal of the First Offender Drunk Driving program is to reduce alcohol related highway fatalities and for DUI first offenders to take responsibility for their previous drinking and driving behaviors so that they stop driving after drinking. The Massachusetts 24D program replaces incarceration and punishment with treatment and alcohol education, to prevent future DUI arrests.

DUI first offenders must take an approved and certified driver alcohol education program. The program costs approximately $600.00 and it generally consists of an intake interview, 32 hours of group therapy over a 16 week period, an introduction to self-help groups such as AA, and a powerful victim impact session with speakers from MADD. The last part of the program consists of an exit interview where participants receive recommendations for any necessary aftercare and support.

Massachusetts First offenders are eligible to be considered for a hardship license upon enrollment into the program; it is not necessary to wait until the program has been completed. However, failing to attend the program will result in the immediate revocation of any hardship license. DUI First Offender programs are located throughout Massachusetts.

The RMV has stated that: “although an applicant may meet all requirements, issuance of a hardship license is only granted at the reasonable discretion of the RMV, based on the facts of the case.” Therefore, it is advisable to have an attorney review your case.

 
The First Offender program is only available to those who have no prior convictions or program assignments, or those who have a conviction or alcohol program assignment that is more than ten (10) year old.

BREAKDOWN

The 24D disposition—available to most first offenders—is designed to help you avoid harsh penalties for a one-time mistake. Most importantly, you won’t go to jail.

This disposition would follow upon a Continuance Without Finding (CWOF) in your case. Essentially, a CWOF is an admission to sufficient facts to warrant a finding of guilty, but without the actual imposition of a conviction.

CWOFs allow the state to avoid costly trials in favor of positive rehabilitation and will enable you to avoid jail and a conviction on your criminal record. The case is “continued” for a probation period.

As long as you obey the terms of probation, the charges will be dismissed at the end with no conviction. There will still be legal penalties, including:

• 1 year of probation (in lieu of jail time)
• A reduced 45-90 day license suspension
• 16 weeks in a “24D” alcohol education program for first offenders
• Fees and fines

If you have been stopped for drunk driving and don’t know where to turn, turn to Bentley Law Group for help.

We take a caring and sympathetic approach to each one of our dui cases.

Don’t go at it alone or with an inexperienced attorney.

Call us for a free consultation and let us help you get the results you want.