No Hardship License While OUI Case is Pending

Question:

I have a pending case in New Bedford Third District Court for OUI Liquor, or over 0.08%. I refused the breathalyzer and completed half of a field sobriety test before I had terminated it. I was subsequently arrested and released on a personal the following day.

What can I do to get a hardship license? I am enrolled at Bristol Comm. College and have class four times a week, have a court case to attend to, and need to look for work. The date of the incident was 10/17/2013 and I am aware that I am past the 15-day deadline.

An RMV representative told me over the telephone that I cannot do anything until the case is resolved. This will take months, as I plan to fight it and hopefully win.

Answer:

Assuming that this is a first offense, and you are 21 years of age or older, you will have a 180 day chemical test refusal suspension for refusing the breathalyzer. This will be followed with an OUI suspension if you are convicted or plead out. The Registry of Motor Vehicles Representative was right. You cannot be considered for any type of a hardship license until your operating under the influence (OUI) case is resolved in court pursuant to G.L. c. 90 § 24D and you have proof of enrollment in the 24D 1st offender alcohol program. While your case is pending, your license will remain suspended. If it takes longer than 180 days for your case to be heard, you can get your license reinstated after the 180 day chemical test refusal expires. If you’re convicted of OUI or are assigned to an alcohol program, you will have a new OUI suspension.

In Massachusetts, you cannot get a hardship license while a chemical test refusal suspension is running unless your case is resolved pursuant to G.L. c. 90 § 24D.

If you are found not guilty or the OUI charge is dismissed, you can have a hearing in the New Bedford District Court regarding the full reinstatement of your driver’s license.