Breathalyzer Refusal & Hardship Licensing Q&A

Question:

Hello – I received my 2nd OUI in March of 2013 and the case was settled in July of 2013. I blew into the Breathalyzer the first time but not the second. I am interested to find out if I can do anything to help me get back my license before the 5 years the registry says.

Answer:

You cannot be considered for a 12 hour hardship license, or any license for that matter, unless and until you serve the 3 year chemical test refusal suspension. The only exception to this rule is if you were granted a second chance first offender disposition, which you were not. These are only granted when the 1st offense is more than 10 years old.

Thanks for getting back to me.  What you say below is exactly what the paper I have says.  While at the DUIL program one thing that was clear was that different registry’s have different rules.  A few people mentioned some sort of loophole that might allow you to be considered earlier since I took the breathalyzer on the first and not the second.  Specifically, they said to wait one and a half years before applying for the hardship?  Also, I talked to a hearing officer at the Boston registry in September and gave him the paper showing the 3 year chemical test suspension and asked what I could do and when I could apply for a temporary license.  He said wait one year, complete DUIL and the 24D aftercare then come apply.  Obviosuly I am trying to tilt things in my favor but I would also like to get an accurate estimate of when I might expect the license back because it effects so many thing (job, my kids, where we live,ect…).  In your experience is there anything we might do

There’s absolutely no way to get a hardship license in this situation while the 3 year chemical test refusal suspension is running. The Registry will not consider you for hardship relief and neither will the Board of Appeal.

The Board of Appeal states as follows: “All Breathalyzer/Chemical Test Refusal (CTR) revocations must be appealed through the court system (District Court) or addressed directly to the RMV. The Board does not have jurisdiction to hear CTR appeals”