What is a Massachusetts 24q deposition ? ?

You cannot be convicted under chapter 90 s. 24Q. That statute provides for a mandatory alcohol evaluation as a condition of probation when someone is either convicted of an OUI or sentenced to an alcohol education program (typical 1st offender's disposition) and there was evidence of a .20 BAC or greater. This alcohol evaluation is more intensive than what is typically involved during the intake process at the 24D Program. While the Registry has discretion to issue hardship licenses and can take into consideration someone's BAC when making that decision, the simple fact that a 24Q evaluation is a condition of probation does not, in and of itself, preclude the issuance of a hardship license. If you are looking to obtain a hardship license, consult with an attorney familiar with the Registry of Motor Vehicles and their requirements for issuing hardship licenses. I hope this was helpful. Regards, Joe Higgins OUI/DUI Attorney & RMV Representation

Section 24Q of Chapter 90 of the Massachusetts General Laws mandates that a person convicted of DUI or assigned to a program in a DUI case whose blood alcohol level was .20 or greater shall "complete an alcohol or drug assessment ... The assessment shall include ... an assessment of the level of the offender's addiction to alcohol or drugs and the ... recommended course of treatment. Such assessment and recommended course of treatment shall be reported to the offender's probation ... officer." So when a judge orders a 24Q evaluation, the Judge is ordering that the offender have an assessment and usually complete any treatment that is recommended. There is nothing in Section 24Q that affects the loss of license or the eligibility for hardship. Of course, the RMV can take into account the blood alcohol level in any case in determining whether to grant a hardship license. I hope this helps. Robert D. Lewin, Attorney North Andover, MA

G.L. c. 90 Sec. 24Q requires an alcohol evaluation for anyone who is arrested for OUI with a BAC at or above .20 . You can be considered for a hardship license. However, having a BAC at or above .20 will make it more difficult to obtain one.