Hardship Licenses in Massachusetts

Hardship Licenses in Massachusetts

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Sample blank Massachusetts Driver License card

One of our blogs in March touched upon Hardship Licenses in Rhode Island. The Commonwealth of Massachusetts also allows certain individuals convicted of    Operating Under the Influence (OUI)  to seek a hardship license.  Hardship Licenses are granted at the discretion of the Registry of Motor Vehicles (RMV) and require a hearing at one of the Registry’s Service Centers located in Boston, Brockton, Fall River, Lawrence, Pittsfield, South Yarmouth, Springfield, Wilmington, or Worcester. A Hardship License will allow you to drive for a twelve (12) hour period   for work or other purposes provided by law.

THE HARDSHIP LICENSE

A RMV hearing officer may grant a Hardship License to individuals who plead guilty to, or are convicted of an OUI offense, or whose case has been disposed of via plea of Continued Without a Finding (CWOF). A Hardship License requires a hearing to prove eligibility, and if the hearing officer grants the hardship license the individual can drive for a twelve (12) hour period each day to meet one of the following needs:

  • Work
  • Medical appointments
  • School
  • Another reason the RMV hearing officer deems valid

ELIGIBILITY FOR A CONDITIONAL HARDSHIP LICENSE

Eligibility requirements for Hardship License depends on the facts and circumstances of your case.

Applicants who qualify as a first time OUI offender under Massachusetts law can apply for a Hardship License as soon as three days after entry of conviction or plea. Applicants who have multiple OUI convictions are required to serve a portion of the license suspension before applying for a Hardship License. Further, for multiple or serious offenders, the Hardship License may also require the installation of ignition interlock device.   

The RMV will not issue a Hardship License without documented proof that the applicant has need for such license. In most circumstances, “need” can be established with a letter from the applicant’s employer indicating that applicant is an employee, that the applicant will need a license to get to work and/or perform job responsibilities, and that there is no adequate public transportation available.  

The RMV’s specific criteria for issuance of a Hardship License is listed below. Although an applicant may meet all requirements, issuance of a hardship license is only granted at the reasonable discretion of the RMV, based on the facts of the case.

RMV’S CRITERIA FOR FIRST OFFENSE (24D) OUI HARDSHIP LICENSE

  • There is NO evidence of any operation since the effective date of suspension/revocation of either the 24D, the Admin Per Se, or the Chemical Test Refusal (CTR).
  • The applicant is qualified for a 24D disposition. Hardship is available for “2nd chance” 24D assignments providing the prior OUI finding is over 10 years from the most recent incident.
  • All other active suspension/revocation periods have been COMPLETED (excluding CTRs, YAPs and 9024P2s).
  • The applicant has documented entry or enrollment, on program letterhead, verifying that the defendant is enrolled in the 9024D Program. Note: The court may assign the applicant to an out- of-state program, providing that the applicant is legally domiciled out-of-state or is a full-time student residing out-of-state.
  • The applicant has documented a legitimate hardship. Applicant must provide a letter from his/her employer, on letterhead, which cannot be more than 30 days old. The letter must state the applicant’s need for a hardship license and the work hours.
  • A self-employed applicant must present proof of self-employment. Acceptable forms of proof consist of a business certificate, tax forms indicating self-employment, and/or a current professional license. The applicant must also present a letter on his/her own behalf explaining his/her need for a hardship license and the hours requested.
  • Applicants applying for a hardship license for other purpose (i.e. education, medical treatments), require third party documentation of the hardship.
  • The applicant is responsible for providing proof regarding the availability of public transportation. This proof may be included within the employer’s letter. The applicant may also provide local bus/transit routes, MapQuest etc.
  • Ignition Interlock required if 2nd charge 9024D.
  • Ignition Interlock packet given once approved for a hardship. NOTE: Reinstatement is only allowed once the proof of installation of interlock and affidavits have been returned to a hearings officer.

RMV’S CRITERIA FOR MULTIPLE OFFENSE OUI HARDSHIP LICENSE

  • There is NO evidence of any operation since the effective date of this suspension/revocation.
  • The MINIMUM amount of time, one year from the date of suspension/revocation, has been served.

Chart showing Massachusetts DUI/OUI suspension time and hardship license eligibility time

  • All other active suspension/revocation periods have been COMPLETED.
  • The applicant must provide documented proof of completion of the proper alcohol treatment program. 2 week in-house program for 2nd offense, 90 day in-house program for 3rd and 4th offenses.
  • The applicant must provide the Discharge Summary from the treatment program, stating the risk factor or recidivism rate.
  • The applicant must provide proof of compliance with all ordered after-care. Proper second offenders must provide the “2nd Offender Completion Letter Needed For Hardship Consideration” issued by the after-care provider. Further, please note that the risk assessment portion of this letter expires 90 DAYS from the date issued. Failure to submit this letter in a timely manner will result in the hearing’s officer requiring a new risk assessment, at the client’s expense, and to be completed by the agency noted on the letter. If further substance abuse treatment is recommended, a Progress Review must be submitted from the substance abuse treatment center/counselor. In addition, a new Discharge Summary may be requested to clarify a recidivism rate.
  • The applicant has provided a letter from probation, not more than 30 days old stating that the applicant is in compliance with probation.
  • The applicant has documented a legitimate hardship. Applicant must provide a letter from his/her employer, on letterhead, which cannot be more than 30 days old. The letter must state the applicant’s need for a hardship license and the work hours.

A self-employed applicant must present proof of self-employment. Acceptable forms of proof consist of a business certificate, tax forms indicating self-employment, and/or a current professional license. The applicant must also present a letter on his/her own behalf explaining his/her need for a hardship license and the hours requested.

Applicants applying for a hardship license for other purpose (i.e. education, medical treatments), require third party documentation of the hardship. The applicant is responsible for providing proof regarding the availability of public transportation. This proof may be included within the employer’s letter. The applicant may also provide local bus/transit routes, MapQuest etc.

  • Ignition Interlock packet given once approved for a hardship. NOTE: Reinstatement is only allowed once the proof of installation of interlock and affidavits have been returned to a hearings officer.

COST OF HARDSHIP LICENSE

The RMV will require that  the applicant pay a reinstatement fee for issuance of a Hardship License. For a first-time offender the cost of the Hardship License is Five Hundred Dollars ($500.00); following a second offense the cost increases to Seven Hundred Dollars ($700.00), and for a third offense the cost increases to One Thousand Dollars ($1,000.00)     

HARDSHIP LICENSES ARE NOT AVAILABLE DURING A CHEMICAL TEST REFUSAL SUSPENSION

Hardship Licenses are not available during a chemical test refusal. Unlike certain suspensions which are discretionary at the Registry of Motor Vehicles, the RMV has no discretion when it comes to the suspension period for chemical test refusal.

The license suspension periods for a chemical suspension refusal are as follows:

Keough + Sweeney is here to answer your questions about Hardships Licenses or cases concerning OUI or DUI. Visit one of our offices located in Raynham or Boston, MA or our Rhode Island office located in Pawtucket.