Situation: I was arrested for drunk driving on Friday night, early Saturday morning, at approximately 1:30 AM. I am 35 years of age my court date is January 21, 2104, because of the holiday. I took a breathalyzer I did not deny it. I am from Fall River, Massachusetts and I work in New Bedford from 6:AM to 3:30 PM. I can’t believe I am facing this situation. I have a perfect driving record until this. Now I will be surcharged from my insurance and this is my first ever DUI. Is there any way I can ask the judge for a Cinderella license just so I can go to work?
The answer to this question is yes, you can ask for a work license. However, you cannot do that while your DUI case is pending. In Massachusetts, you cannot be considered for any type of hardship or Cinderella license until your case is resolved in court. While your case is pending it is impossible to get a hardship license. Since this person took the breath test, he will have a 30 day administrative per se suspension, after which he can get a full reinstatement. Of course, if he is convicted of OUI or he is assigned to an alcohol treatment program, the Registry will suspend his license because of the conviction or program assignment. Some people do not bother reinstating from an administrative per se suspension, they just wait until their case is resolved in court. Others promptly appear at the Registry on the 31st day to get their licenses back. It depends on the individual and his or her particular need to drive. Most first offenders do not need the services of a lawyer to get a hardship license. So long as your case is resolved and you have a valid work letter and proof of enrollment in the 24D 16 week out patient alcohol treatment program for 1st offenders, you’ll likely be granted a hardship license and hiring an attorney is probably not the best use of your money or the attorney’s time. I get a lot of calls from first offenders and I advise them of the Registry requirements and suggest that they go to the Registry themselves. I rarely get calls back afterwards reporting hardship license denials. It is, of course, more difficult for repeat offenders and those people should have lawyers representing them.
To summarize, it is fairly easy to get a Cinderella license for a first offense OUI suspension. However, you cannot even be considered for this until your court case is resolved. While the case is pending, neither the judge nor the Registry has the ability to grant you any type of Cinderella license.
If you have questions regarding OUI or hardship licensure in Massachusetts, fill out the contact form on this site or call 508-656-0057 for a free consultation and review of your case. A lawyer will let you know exactly where you stand and what can be done to help you. I have put a large number of clients back on the road with Cinderella licenses or full reinstatements of their regular driver’s licenses.