Getting a hardship license after an OUI in Massachusetts

What a hardship license is

A hardship license, sometimes called a Cinderella license, is a restricted license that lets you drive during the same 12-hour window every day, for employment, education, or medical reasons. The registrar of motor vehicles decides whether to issue one and can set conditions. It is never automatic.

Which suspensions can qualify

The answer turns on why the license was taken. A suspension that follows a court disposition, such as a 24D assignment or a conviction, can lead to a hardship hearing after the waiting period the statute sets. A suspension for refusing a chemical test cannot. If you have more than one suspension from the same arrest, the RMV serves them one after another, so look at each one separately.

A 24D first offender disposition

Section 24D says a person may apply to the registrar for a hardship license immediately upon entering the driver alcohol education program. If granted, it is valid for an identical 12-hour period, seven days a week. This is the most common route for first offenders. See the 24D guide.

A first OUI conviction

For a first conviction without 24D, section 24(1)(c)(1) sets a one-year revocation, but says the person may, after three months from the date of conviction, request a hearing before the registrar for a license for employment or education purposes, effective for the same 12-hour period every day. After six months, the person may request a hearing for a limited hardship license on a broader basis. In both cases the person must show the causes of the offense have been dealt with or brought under control.

Later offenses

For repeat offenses, the waiting periods are longer. For example, section 24 says a person with an eight-year revocation may apply for an employment or education license only after two years from conviction. A person who needs an ignition interlock and gets a hardship license must keep the device for the length of the hardship license plus two years after full reinstatement, according to the RMV.

Which suspensions do not qualify

Chemical test refusal suspensions. Section 24(1)(f)(1) states that no license may be restored and no restricted or hardship permit may be issued during a refusal suspension. The way out is to win the 15-day RMV refusal hearing, win a court appeal, or obtain a court order after a not guilty finding or dismissal.

Because the RMV serves alcohol suspensions one after another, a refusal suspension must run its course before any hardship license on a later conviction suspension can help.

Preparing for the hearing

The RMV hearings officer decides based on what you show. Bring:

• a letter from your employer or school describing your schedule and why you need to drive
• proof that you enrolled in or completed any required alcohol program
• proof of insurance
• any medical appointments you need to drive to
• the court paperwork for your case

Mass.gov says you can be represented by a lawyer or another responsible adult, but you must attend the hearing with them. If the RMV turns you down, you can appeal to the Board of Appeal on Motor Vehicle Liability Policies and Bonds within 10 days, with a $50 fee.

Driving outside the hours

Driving outside the hours or terms of a hardship license can be charged as driving after suspension, a separate offense with its own penalties. Keep the license and any RMV paperwork with you.

Hardship rules and RMV procedures change. Confirm the current rules with the RMV or a licensed Massachusetts attorney before you rely on any timeline here.