OUI Work / Hardship License
In this video, Attorney DelSignore explains how to get a hardship license on a 2nd offense OUI.
A hardship, work license or Cinderella license is generally available as a result of a suspension for OUI. The time period after which a motorist will be eligible for a hardship license vary depending on whether the offense is a First, Second, Third or Fourth offense OUI.
After a First Offense OUI, conviction or admission to sufficient facts, a motorist can apply for a hardship within three business days if the court imposes the standard First offender dispositions, requiring the motorist to complete the 24D program and imposing a 45 day loss of license. The motorist must present proof of the need for hardship to a hearings officer at the Registry of Motor Vehicles. In most cases, even after a guilty finding after trial, the motorist will obtain basically the same disposition and will be eligible for a hardship license.
A hardship license can also be obtained after a conviction of a Second Offense OUI. Eligibility for a second offense OUI begins after one year of the two year license loss for a Massachusetts OUI Second offense, unless you are eligible for a hardship under the case of Commonwealth v. Cahill, 442 Mass. 127 (2004) a second change first offender hardship.
Read some of our case results from the Board of Appeals where clients were granted a hardship license:
In this case, our client was facing a charge of OUI and negligent operation of a motor vehicle after an on-duty police officer observed the client going the wrong way in a rotary. After trial, the client was found not guilty on the OUI charge, but received a 60-day license loss after being found guilty on the negligent operation charge. The RMV then denied the clients original request for a hardship. Attorney Gaudreau appealed the RMV’s decision and attended the Board of Appeals Hearing with the client in Plymouth. There, Attorney Gaudreau explained the clients work schedule and his need for a license, while also showing the Board that he is not a danger to have on the roads. The Board granted the client a hardship license until he can have his full license reinstated.Hardship license granted for client charged with his second OUI drugs offense
In this case, our client had two-prior OUI drugs convictions and had his license suspended consequently. After trying to get a hardship license at the RMV, they denied his request. Attorney Gaudreau filed the paperwork for a hearing with the Board of Appeals and got a quick hearing date. There, she argued that, while the client does have a criminal record, he has made an effort to seek help and that he was in recovery. She informed the Board that the client needed a license to continue to work and to get to treatment. The Board ultimately granted the client a hardship.
HARDSHIP LICENSE UNDER SECOND CHANGE FIRST OFFENDER PROGRAM ON A SECOND OFFENSE WHEN PRIOR OUI CONVICTION IS OVER 10 YEARS OLD AND THE COURT TREATS THE DISPOSITION AS A FIRST OFFENSE UNDER 24D.
Under the case of Commonwealth v. Cahill, a motorist who is charged with a Second Offense OUI, but has a prior OUI conviction that is over 10 years old, may be eligible to avoid a two year license loss if the court treats the second offense as a first offense and imposes the first offense disposition under 24D. The motorist will have to have the ignition interlock device installed, but will avoid incurring a minimum one year license loss and will instead be immediately eligible for a hardship license, with the interlock requirement.
Attorney DelSignore is an experienced Massachusetts criminal lawyer that handles, Registry of Motor Vehicles appeals, license matters and suspension issues and can represent you at the Registry of Motor Vehicles or Board of Appeals. Attorney DelSignore will assist you in obtaining a hardship or work license and getting your driving privileges restored.