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BREATH TEST FAILURES

CHEMICAL TEST FAILURES

A chemical test failure is defined as a person under 21 with a .02 blood alcohol content (BAC). This is different than the criminal standard of .08 or greater. Youths have the same criminal standard as adults, but will obviously face additional administrative penalties.

If the youth is 18-21, the following suspension will occur if you FAILED the breath test.

30 days or until the case is terminated for your failure + 180 days under the JOL statute.

The 180 day JOL suspension is waivable upon entry into the program. There are numerous programs throughout the state. The program that they must complete is actually the same alcohol education program that a first offender would attend if they admitted or were found guilty and placed on probation under G.L. ch. 90, § 24D, the so called “24D program.”

If the youth is UNDER 18, the following suspension will occur if you FAILED the breath test.

30 days or until the case is terminated for your failure + 180 days under the JOL statute.

180 days JOL suspension is waivable upon entry into the program. There are numerous programs throughout the state. The program that they must complete is actually the same alcohol education program that a first offender would attend if they admitted or were found guilty and placed on probation under G.L. ch. 90, § 24D, the so called “24D program.”