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Can I get a Hardship License on a Massachusetts OUI Charge?
An individual is eligible to get a hardship license on a 1st Offense Massachusetts drunk driving charge once the case is resolved.
Who may be denied a hardship:
- If your breath test result was .15 or higher, you will have to get an interlock device to obtain a hardship. In most cases, given the license suspension is only 45 days you would not want to install an interlock for such a short period of time so you are effectively denied a hardship if your breath test was .15 or higher.
- If there was an accident or even a high PBT breath test, the RMV may deny a hardship. If you have an egregious or bad OUI case, you may not want to seek a hardship.
If you take a breathalyzer test and fail, the suspension is 30 days and you will be eligible to get your license back after the 30 day period even if the OUI case is still pending in Court.
If you elect to accept a plea prior to the expiration of the 30-day breathalyzer refusal suspension, you would be able to get a hardship license immediately. On a first offense Massachusetts OUI charge, you would likely receive a 45-day loss of license.
You would be eligible to get a hardship license within three business days, when the following requirements are successfully fulfilled:
- Letter of enrollment in the 24D Alcohol Education Program
- You must have a legitimate need for hardship, which is a letter on employer letterhead, not more than 30 days old, stating the need for the hardship and the work hours
- If you are self-employed, you must present proof of self-employment in the form of business certificates, tax forms indicating self-employment or a professional license. You can also submit a letter from yourself indicating the need for the hardship and your hours that you are requesting the hardship license for.
- Hardship licenses are also available for education and medical purposes and require documentation that supports the educational purpose or medical treatment required.
- You are also responsible for providing proof that there is no reasonable available public transportation. To satisfy this burden, you can use Map Quest and bus schedules and routes, to show that it would be a hardship to require you to take public transportation.
- If the RMV denies a hardship you can appeal to the Board of Appeals, however it takes time to get to the Board of Appeals so you will not get back on the road right away.
Before you consider accepting a plea, Make sure you understand the defenses to your case, Read about Recent OUI Wins like your case and Learn about Defenses when you take a Breath test.
If you refused a breathalyzer test, your license is suspended for six months if you are over 21, have no other OUI/DUI convictions and do not appeal the suspension to the RMV.
If you want to obtain your license back as quickly as possible, one way to do so is to obtain a quick trial date. If you refused a breathalyzer test, and are found not guilty on the OUI charge, there is a presumption that your license would be reinstated. Otherwise, the only way to get a hardship license if your refuse the breathalyzer test is by resolving the OUI charge by way of a plea agreement.
If you have any questions about hardship availability, or the license consequences of Massachusetts OUI charge you can call Attorney Delsignore directly at 781-686-5924.
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