Hardship Licenses for DUI 3rd Offenders

If you are a Massachusetts resident with 3 DUI convictions, you will have an 8 year OUI 3rd offense license revocation. You can be considered for a hardship license. However, you will likely be denied at the Registry and forced to go before the Board of Appeal. The Registry requires completion of a specific 90 day residential (in-patient) alcohol program as a condition for the issuance of a 3rd offender hardship license and few applicants have this required program.

Fortunately, the Board of Appeal can grant you a hardship license even if the Registry initially refuses to so. Massachusetts law gives the Board the legal authority to order the Registry to issue a license. Getting one of these orders from the appeals board will require scheduling and attending an evidentiary hearing before the 3 member Board. The Board members will be looking for certain documentation and information showing that the Appellant has a legitimate need to drive and his or her alcohol or drug issues have been brought under control such that granting a license would not represent a threat to public safety.

It is strongly recommended to have a lawyer represent you at the Board of Appeal because this is often your one and only opportunity to be granted hardship relief. If the Board denies your appeal, you may be forced to serve the remainder of your revocation period with no driver’s license. This often occurs because the person seeking hardship relief is unable to demonstrate, to the Board’s satisfaction, that he or she qualifies for relief and that any alcohol or substance abuse problem is being effectively addressed so that there is a low probability of relapse or recidivism.

There are many other things that can derail a hardship license appeal such as recent evidence of operation, unpaid child support, being suspended in another state, unresolved criminal charges, open cases, active warrants or defaults, insufficient documentation regarding alcohol or drug treatment, inadequate “sober time,” and/or violations of terms and conditions of probation.

If you are facing an 8 year license revocation as a third offender, please contact my office to discuss your case and how a hardship license attorney may be able to help you get back on the road, so that you can go to work and continue to support yourself and your family.