The reinstatement process can be complicated, technical, and time-sensitive especially for repeat offenders. Without taking the proper steps to restore your MA driving privileges after each suspension period, you risk having problems down the road and will encounter barriers not only in MA, but also in any other states in which you want to drive.
Massachusetts drivers facing an Operating Under The Influence (OUI) or Driving While Intoxicated (DWI), charge and those who have lost their right to drive due to OUI convictions, accidents, or surcharges will need to apply to the Registry of Motor Vehicles for License Reinstatement.
In order to address your license suspensions, you may need to apply for a reinstatement by going through the Registry hearing process. In cases where there are driving-related criminal charges, you may have to wait until the charges are resolved prior to seeking a driver’s license reinstatement. Also, you may have to serve a required minimum license suspension period.
In each case, once a RMV hearing officer approves you to reinstate, you will be required to pay the required reinstatement fee to the Registry. You cannot pay this fee until your reinstatement has been approved.
In some cases, the RMV might take the position that reinstatement is 100% at their discretion, however this does not always hold true. Massachusetts statutes have specific laws in place that detail what must happen for a license suspension (also called revocation) to be valid. Laws also determine the reinstatement requirements that may be imposed at suspension hearing, limited license hearing and/or hardship license hearing.
Furthermore, the law provides the right to appeal any unfavorable RMV decision to the Board of Appeals, with the exception of a Chemical Test Refusal hearing decision, which the Board of Appeal states be appealed to the District or Superior court. In this instance, if the RMV Hearings Officer decides against restoring your right to operate, a determined and experienced RMV attorney will hold your best shot at getting things turned around through an appeal at the Board or in court.
RMV Reinstatement and Alcohol Education Programs
If facing an OUI violation, many will seek to restore their driving privileges either in a limited or unrestricted capacity through the RMV. There are several factors a Registry Hearings Officer will look at to make an early restoration decision, and one of those key factors is whether the driver has successfully dealt with the underlying cause of the OUI. In other words, they look to see if an individual has sought alcohol or drug use education by an approved provider.
For a limited, hardship license – also called a Cinderella license, the hearing officer will also look at many other factors that include:
- whether you can successfully document the need to drive a vehicle versus taking public transportation
- if there is any evidence that you had been driving during your suspension
- whether your alcohol education or treatment program reports you are low-risk for repeating, as well as other very specific certifications and requirements which apply to those with more than one DUI conviction or program assignment.
Driving on a suspended license is a criminal offense. If your driver’s license has been revoked or suspended for any reason, you cannot drive in Massachusetts or anywhere else. Instead of risking criminal fines and possible jail time, get your get your license reinstated legally with our help.
I am proud to have distinguished myself as a statewide expert on Mass. RMV matters and I serve as a resource for other lawyers who are looking for information regarding Massachusetts drivers license suspensions, revocations, and reinstatements as well as hardship licensing appeals.
Get in touch with the Law Office of Brian E. Simoneau to see how we can help today!