Am I guaranteed to get a hardship license?
Unfortunately not. Especially after the passage of Melanie’s Law, the RMV is not even allowed to consider an application for a hardship license in cases of multiple OUI refusals. Additionally, even if you took the breath-test, but registered a high BAC (typically anything over .2), the registry is not guaranteed to grant you a hardship license. Still, if this is your first offense (even with a refusal in certain circumstances) you will probably be eligible. The best thing to do is to call an experienced attorney like Bob to discuss your specific case.
If it was my first offense and I refused the Breathalyzer can I still get a hardship license?
Yes, but only through the c. 90 § 24(d) alternative disposition. Typically CTR (chemical test refusal, which is the Commonwealth’s way of saying “refused the breathalyzer”) automatically means no hardship eligibility. The § 24(d) program allows for an exception, but only post-disposition, which means we have to have the prosecution agree to your enrollment in the § 24(d) program first.
What are the conditions of my hardship license?
The hardship license allows you to drive to and from work/school (as well as for other essentials like grocery shopping), but only for a designated 12 hour period. The specific hours are set by the registry and are based on documents you’ll have to provide. Additionally, Effective July 1, 2021, any OUI first offender whose BAC was .15 or higher is required have the IID restriction imposed on any OUI hardship license. See 540 C.M.R. § 25.10(1A).
What if this is technically my second offense but the first one was more than 10 years ago?
If you submitted to the breath-test and meet other criteria, you may be eligible to obtain a hardship license even if this is not truly your first offense. Still, it is important to note that if you are granted a hardship license, you will be required to keep the ignition interlock in your vehicle for two-years on a full time basis after the hardship period expires.
What if I can’t afford the Ignition Interlock Device?
If you meet the indigency qualifications (this is up to the court), you may be able to have the fees for the IID waived. Talk to Bob for more information about your specific situation.
If the RMV denies my hardship application, is there anything we can do?
There is a process to seek relief from the appeals court, although positive results are not guaranteed. This is something Bob can help you with. Call our office if you have more questions about hardship licenses.
First Offense OUI Hardship License Criteria
Multiple Offense OUI Hardship License Criteria
Drug Offense (94C) Hardship License Criteria
Ignition Interlock Operator Affidavit