The Hardship License After a Massachusetts OUI

A Massachusetts OUI suspension rarely has to mean the loss of a job. The statutes allow a hardship license, limited to an identical 12 hour period each day, for most drivers who resolve their cases, and the timing depends entirely on how the suspension arose. This page sets out the rules the statutes fix and the showing the Registry of Motor Vehicles expects.

The Twelve Hour License

A hardship license permits driving during one identical 12 hour period every day, seven days a week, chosen to cover work, school, or medical needs. It is issued by the Registrar of Motor Vehicles in the Registrar’s discretion, not as a matter of right, and its terms are set by the Registrar. M.G.L. c. 90, §§ 24, 24D.

When Eligibility Begins

After a Section 24D disposition. The statute is explicit: a defendant may apply for a hardship license immediately upon entering the driver alcohol education program, notwithstanding the provisions that would otherwise bar the application. M.G.L. c. 90, § 24D. In practice, prompt program enrollment is the step that opens the application, which is one reason the Section 24D disposition is elected quickly in many working drivers’ cases.

After a conviction. Where the license was revoked for one year on a first offense conviction, the driver may apply after three months for a license limited to employment or educational purposes, on a showing that the causes of the present and past violations have been dealt with or brought under control. M.G.L. c. 90, § 24.

During a refusal suspension. There is no hardship relief during a breath test refusal suspension; the statute directs that no license be restored and no hardship permit issued while that suspension is in effect. The two exceptions are a Section 24D disposition, which permits an immediate application upon program entry, and a not guilty finding or dismissal of all charges, which permits an immediate application to the trial court for restoration. M.G.L. c. 90, §§ 24, 24D.

What the Registry Hearing Requires

The hearing is documentary. The Registry expects proof of the hardship itself, ordinarily a letter from the employer or the school stating the schedule and the need to drive; proof of enrollment in, or completion of, the required program; and the driving record. The statutory standard for the post conviction license is a showing that the causes of the violations have been dealt with or brought under control, and the documentation is assembled to meet that language.

The Ignition Interlock Rules

The ignition interlock device requirement is a repeat offender rule with one first offense exception. A driver whose license was suspended for two or more OUI violations must have the device on every vehicle owned, leased, or operated, both for a hardship license and for full reinstatement. A first offender faces an interlock restriction on a hardship license only where the test result was .15 or greater, in which case the Registrar may impose it. 540 CMR 25.00; M.G.L. c. 90, § 24D.

The Criminal Case and the Registry

The hardship application is a Registry proceeding, separate from the criminal case, and the two proceed on different schedules. Attorney Serpa handles the criminal case and advises clients on the Registry process, including the timing of the hardship application and the documentation the hearing requires; he does not appear with clients at the Registry. The common questions are answered in the firm’s hardship license FAQs, and the suspensions themselves are set out on the license suspension page. Call 617.936.0201 for a free consultation.