If you have been charged with an OUI or another driving offense in the state of Massachusetts, you are probably concerned with obtaining a criminal record and with paying fees. If your license gets suspended as a result of your OUI, you will have to worry about transportation to work, school or medical appointments. Fortunately, you may be able to get a hardship or Cinderella license. The swiftness with which a person may obtain such a license depends largely on how many prior offenses they may have accrued. Factors such as the nature of the traffic offense, the driver’s willingness to educate themselves, attend therapy and the age of the driver may factor into the RMV’s decision to accept or deny a request for a hardship license.

How Many Offenses Have You Had?

If you lose your license due to an OUI, you may be able to get your license reinstated 90 days after you initially get pulled over. If it is your second offense, you will have to wait at least a year before obtaining a hardship license in The Bay State. If you have a third offense, you are likely to wait two years before being able to drive on the restricted license, and if you have a fourth offense you may wait up to five years. If you are a chronic offender, you are likely to have your license permanently revoked and it will be almost impossible to get a hardship license.

If you are under the age of 21, a first offense for an OUI comes with a 210-day license suspension and a hardship license may be very difficult to obtain.

Other Requirements

You should enroll in an alcohol education program as soon as you are convicted of an OUI. You should also attend an AA meeting or related therapy. If you fail to enroll in alcohol classes, your application is likely to be denied. Be sure to bring documentation of your hardship along with you. Remember that hardship and inconvenience are not the same things. Having to drive your kids to school or drive yourself to your weekly book club does not constitute a hardship. You must prove that you need to drive your car to get to work, school or medical appointments to get a hardship license.

If you need to drive to get to work, you must obtain a letter from your employer on company stationery detailing the days and hours that you work. If you are self-employed you must write such a letter for yourself. You must also provide tax forms, a business registration or a professional license. If you must drive to get to school, you should provide proof of your student registration and a class schedule. If you need to drive to medical appointments, you should provide written documentation from your doctor.

If you have driven while under suspension, you will not be issued a hardship license. You must also have completed any other periods of license suspension in order to have your request honored.

A hardship license is only drivable for twelve consecutive hours a day. The hours that you are allowed to drive will be based on necessity. If you are caught driving outside of those hours, your hardship license will be revoked.

What to Look for in a Lawyer

The most important thing you will need to get a hardship license is a good OUI lawyer, such as Attorney Brian E. Simoneau. An attorney will be familiar with the paperwork required to have a successful hardship hearing. They will know what arguments to present to the RMV and where to appeal your case if you are denied.  With some planning and the right representation, you can get back on the road and on with your life in a timely fashion.

Authoritative Sources:

http://corp.sec.state.ma.us/corpweb/corpsearch/CorpSearch.aspx