Court/Justice Involved resources
Substance use disorder and
the court system.
Navigating the court and justice systems
When you are working with the MA court system related to your or someone else’s difficult relationship with alcohol or other drugs, figuring out what the next step is can be scary or confusing. The information below can help you understand the different MA Licensed and Court-Approved Impaired Driving programs and the court mandated treatment process (known as Section 35).
The MA Department of Public Health, Bureau of Substance Addiction (DPH BSAS) runs the statewide system that helps prevent and treat substance addiction and supports people and families in recovery. DPH BSAS is the only agency in MA that can license and approve programs for people charged with impaired driving.
Find information including forms, resources, and regulations related to MA licensed alcohol and drug treatment impaired driving programs on the Mass.gov website.
The goal of the Massachusetts Impaired Driving Program is to help people with a first DUI charge learn how alcohol affects driving. The program gives participants clear information about alcohol use and the risks it creates on the road. Although education is the main focus of MID, it also aims to help people change their behavior. By learning and making safer choices, participants can lower their risk of future alcohol-related driving problems.
The Second Offender Residential Program is the first step in a three-phase treatment plan. It is a 14-day residential program for people convicted of a second DUI charge. During the program, participants receive a medical check-up, individual and group counseling, and substance use education. The program also includes self-help activities, recreation, and makes sure each person is enrolled in an approved Second Offender Aftercare Program before leaving.
SOA programs are for people who have had a second or later DUI. The outpatient program offers counseling and support based on each person’s situation. Everyone completes a one-on-one assessment, which is used to create a personal treatment plan. Counseling focuses on the dangers and consequences of impaired driving, as well as personal goals for recovery.
The court that referred the person receives regular progress updates. About 30 days before the end of the one-year outpatient program, there is a full review of how well the person followed their treatment plan. Random alcohol and drug tests are also used to support accountability. Services are based on each person’s needs. The program accepts MassHealth and most major insurance plans.
Under MA law, some people who have not been arrested or charged may be asked to complete the Massachusetts Impaired Driving Program if they agree to do so. This can happen no matter how the court case ends. Drivers aged 18 to 21 may have their license suspension lifted after completing the program. However, drivers who were under 18 at the time of the violation must still serve a 180-day suspension.
The Youth Alcohol Program (YAP) is required by MA law for underage drivers who fail or refuse a breath test. This can lead to a suspension or loss of a learner’s permit, license, or driving rights. Completing the YAP is required to get back driving privileges. If the program is not completed, drivers under age 21 face a 180-day suspension, and those under age 18 face a one-year suspension. Drivers under age 18 who are convicted may also receive a 180-day suspension for a first offence and a one-year suspension for later offenses if their license was not already suspended.
If you are required to complete a YAP, review the Massachusetts Impaired Driving Program information above.
Under Massachusetts law, people convicted of certain alcohol-related offenses, or those ordered into alcohol or substance use programs, must complete a full assessment. This assessment, often called a 24Q Assessment, is done by the Department of Public Health or a court-approved provider. The evaluation looks at factors like substance use, physical and mental health concerns, use of more than one substance, and how substance use affects the person’s life. This information is used to create a treatment plan that fits the person’s needs and supports their recovery. The results are shared with the person’s probation or parole officer.
In Massachusetts, Section 35 allows certain people (a police officer, doctor, family member, guardian, spouse, or court official) to ask a district or juvenile court to order someone into substance use disorder treatment. This can happen if the person has a substance use problem and is at immediate risk of hurting themselves or others. They may be sent to a program to treat addiction to alcohol and/or other drugs for up to 90 days.
To qualify, there must be a clear and immediate risk of serious harm. Having a substance use disorder by itself is not enough. Section 35 is meant for emergency situations only and is not meant for long-term or ongoing treatment.
Get important information about Section 35: