24D - The First Offense OUI & DUI Alternative Disposition

An Alternative Disposition is a blanket term for a method of resolving cases in Massachusetts, without a trial or a guilty plea, but instead enrolling the Defendant into a probation program. There are 2 forms of Alternative Disposition for OUI & DUI in Massachusetts, the 24D Disposition and a Cahill Disposition. A 24D is applicable to First Offenders of OUI / DUI, while a Cahill Disposition is applicable to Second OUI / DUI Offenders.

This page is devoted to 24D Dispositions. You can learn more about Cahill Dispositions here.

How to Obtain a 24D Disposition In A Massachusetts OUI

The 24D program is theoretically available to anyone charged with their first OUI / DUI offense. A 24D has to be negotiated with the Prosecutor and approved by the Judge before you are admitted to the program. These negotiations, like all negotiations, are dependent both on the personalities of the people with whom you are negotiating, as well was the facts of your case. Various prosecutors and Judges have varying opinons about Alternative disposition. Similarly, they will not view all cases the same; while the charge for someone with a .08 BAC and a .20 BAC, will be identical, the Judge and Prosecutor both know that the facts of the case are different, and therefore are likely to view the Defendants differently. As such, an Alternative Disposition can be a great result for some Defendants but it is an outcome that must be obtained rather than a right that can be asserted.

Continuance Without A Finding

An alternative disposition involves changing one’s plea from “Not Guilty” to “Continuance Without a Finding”  (CWOF) this is similar to the concept of a “no contest” plea; essentially you aren’t directly admitting guilt, but you are conceding that IF we were to go to trial, the prosecution has enough evidence to find you guilty. Initially this may seem to be a mere semantic distinction, but it’s actually quite significant and the main benefit of the 24D program - as it means you will NEVER be found guilty (so long as you successfully complete the program). So despite the fact that there will be some consequences to your actions, you will never be convicted of the offense and can apply to have your records SEALED IMMEDIATELY.
For more information of Sealing your record, please visit our ________________ page.

Benefits of a 24D in Massachusetts

There are two major benefits a Defendant who is charged with OUI / DUI gains by obtaining a 24D:
  • Never being found guilty - You will never be convicted of a DUI, as a result you may apply to have your record SEALED immediately, rather than waiting 3 years. This means that employers will never find any criminal record when doing a background check.
  • You may receive a Hardship License immediately - If you are convicted of a First Offense OUI, you will not only receive less license suspension than if you are convicted of DUI, but you will be able to apply for a Hardship License immediately instead of having to wait 3 months.

Consequences a 24D in Massachusetts

24D - A First Offense Alternative Disposition is known as a “24D Disposition.” The 24D program is theoretically available to anyone charged with their first OUI / DUI offense (though whether you receive it is another matter – see below). If successfully negotiated a driver who receives a 24D will have the following consequences:
  • Suspension of Massachusetts Drivers license for 45 to 90 days (as oppose to 1 year if convicted)
  • Being Placed on Probation for a period of 1 year - as long as you aren't a habitual criminal this is unlikely to be burdensome.
  • Fines, Fees and other costs totaling approximately $2,000 (as oppose to $500-$5,000 if convicted)
  • Entrance and completion of a Drug and Alcohol Education Program (DAE) which totals 40 hours over a course of 16 weeks.

Hardship License

For more information about Hardship License, please visit our Hardship License in Massachusetts
A major reason why so many people opt to negotiate an Alternative Disposition is that it shortens the time before one can apply for a Hardship License. On a typical 1st Offense OUI suspension, you are suspended for 1 year and eligible to a get a hardship license after 3 months. That means for the first 3 months, you have absolutely no ability to drive. A 24D changes this calculation by making the hardship license available as soon as you enroll in the Drugs and Alcohol Education program (DAE).