As the back-to-school season approaches, teenagers return to classes, sports, and social events. But while this time of year brings excitement and new beginnings, it also comes with risks—especially when it comes to underage drinking and driving. 

According to the National Highway Traffic Safety Administration (NHTSA), drivers aged 16 to 20 are 17 times more likely to die in a crash when they have a blood alcohol concentration of .08% than when they haven’t been drinking. Even more concerning, over 10% of high school students admit to drinking and driving. 

If your teen is caught operating under the influence in Massachusetts—or any state—the legal, educational, and emotional consequences can be life-altering. As criminal defense attorneys who handle motor vehicle offenses and OUI cases, we want to help guide parents through this difficult process and help prevent future incidents. 

What Happens When a Teen Is Charged with OUI? 

Massachusetts has a Zero Tolerance Law  for drivers under 21. That means a BAC of 0.02% or higher can lead to serious penalties—even if it’s just one drink. For teens, an OUI charge may result in: 

  • Immediate license suspension 
  • Mandatory alcohol education programs 
  • Fines and potential jail time (especially if there was property damage or injury) 
  • A lasting criminal record that will affect college admissions or job prospects 

What Parents Should Do First 

If your teen is charged with an OUI, it’s important to: 

  • Stay calm, but act quickly: emotions will run high, but swift legal guidance is essential. 
  • Speak with an experienced OUI defense attorney: don’t navigate the legal system alone—legal counsel can often mitigate consequences and explore diversion programs. 
  • Discuss the real-life implications: teens may not fully understand the long-term consequences. This is a pivotal teaching moment—not just about the law, but about responsibility and safety. 

Talking to Your Teen: Prevention Starts at Home 

As much as this is a legal issue, it’s also a parenting moment. Use this time to: 

  • Set clear expectations about alcohol use and driving. 
  • Model responsible behavior yourself. 
  • Remind them that safety comes first—calling for a ride is always better than risking a life. 

Don’t Let a Mistake Define Their Future 

Much less severe than an OUI, but perhaps more common, are junior operator speeding offenses. When a driver holds only a Junior Operator license and is found to have exceeded posted speed limits, the learner’s permit will be suspended for the first offense. This 90-day license suspension may accompany a $500 reinstatement fee, retaking the permit and road test, and attending the Driver Attitudinal Retraining Program and State Courts Against Road Rage. 

We understand that good kids can make mistakes. At Gilman Law, we’ve helped families across the region protect their children’s rights and futures after OUI and motor vehicle-related charges. 

If your child has been charged with OUI this back-to-school season, reach out to us for a confidential consultation. We’ll help you understand your legal options and work to secure the best possible outcome for your teen—and your family. 


Stats: https://www.cdc.gov/teen-drivers/risk-factors/index.html#:~:text=29%25%20of%20drivers%20ages%2015,drinking%20prior%20to%20the%20crash.


Back to Blog
Logo media

Free Case EvaluationGet Help Now

This field is required.
This field is required.
This field is required.
This field is required.
Submit
Logo media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at 978-504-2673.
Contact Us