In Massachusetts, when it comes to getting a hardship license for a DUI license suspension, generally the more DUI incidents, breathalyzer refusal suspensions, or other indicators of potential drunk driving incidents, such as leaving the scene of a property damage or personal injury accident you have on your record, the more difficult it becomes to obtain a hardship license from either the Registry of Motor Vehicles or Board of Appeal.
Most first offenders, for example, do not even need to hire a lawyer to obtain a hardship license from the Mass. RMV. Within 3-4 business days after a plea, so long as the 1st offender has acceptable proof of employment, proof of a lack of public transportation, and evidence of enrollment in the 24D first offender program, the Registry will generally grant a hardship license and no lawyer is necessary.
When it comes to second offenders, the documentation required for a hardship license increases substantially. The applicant must demonstrate not only that he or she has a bona fide hardship, but also that the applicant has his or her alcohol problem under control such that granting a hardship license will not endanger the public. An alcohol evaluation is required in these cases and the Registry will not accept a 1st offender 16 week outpatient program. Instead, the Registry will be looking for completion of the 14 day in-patient DUIL Program which is operated out of Tewksbury State Hospital.
Most third and fourth offenders end up at the Board of Appeal, because they do not have proof of completion of the 90-day residential alcohol treatment program which the Registry requires in all such hardship license cases. These repeat offenders must present a convincing case regarding hardship and that reinstating their licenses does not pose an unacceptable risk to public safety. A hardship license applicant in this situation must convincingly show that the applicant’s alcoholism has been brought into remission and that he or she is highly unlikely to reoffend. A favorable alcohol evaluation is essential as well as a proven commitment to sobriety.
If you are a multiple offender who is seeking a hardship license in Massachusetts, I urge you to contact me for a free review of your situation and consultation regarding your options. I have helped large numbers of people legally reinstate their driver’s licenses and I may be able to help you get back on the road with a hardship or full license.