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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.
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.
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 docu- mentation 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 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 presump- tion 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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