In some instances, a DUI case can be continued without a finding (CWOF’ed) pursuant to G.L. c. 90 § 24D. This 24D disposition can sometimes be entered in place of a guilty plea or finding. However, a disposition entered pursuant to § 24D is only available for DUI first offenders and certain second offenders who are eligible for consideration as a “second chance first offender.” The Mass. 24D Program is not available wehre the DUI caused death or serious bodily injury. 

A § 24D OUI disposition requires supervised probation for up to two years, a DUI license suspension from 45 to 90 days for those 21 years of age or older, or a 210 day license suspension for those under 21, and assignment to a 16 week out-patient or 14 day in-patient drug or alcohol program which is approved by the Mass. Department of Public Health.

A § 24D first offender disposition carries a probation fee of $65.00 per month, a 24D Program Fee of approximately $700, a $250 24D assessment, a $500.00 OUI license reinstatement fee, a $50 Victims of OUI Assessment, and a $250 Head Injury fee. Also, as a condition of probation, the court may order a DUI defendant serve at least 30 hours of community service.

If a defendant who received a CWOF and 24D disposition is convicted of a second or subsequent DUI, the first offense can be counted as a conviction, even though it was continued without a finding and dismissed, for the purposes of subjecting the defendant to enhanced OUI penalties and license suspensions. However, a CWOF cannot be counted as an automatic disqualifier for firearms licensing and certain other purposes.

Absent a defect in the drunk driving complaint, a dismissal pursuant to G.L. c. 90 § 24D is the only way that a charge of operating while under the influence in Massachusetts can be dismissed. Unless the OUI complaint is legally invalid, Massachusetts judges have no discretion to dismiss a DWI charge, except in accordance with the 24D dismissal option.