OUI Work / Hardship License
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.
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.