LICENSE SUSPENSIONS AND HARDSHIP LICENSES

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Hinman Law Office

License Suspension / Hardship Licenses / RMV Hearings

The period of license suspension that you will face depends on several factors, such as whether or not your case is still open, whether or not you refused a Breathalyzer Test, and whether or not you are being charged as a subsequent offender. You may be able to obtain a hardship license if you meet certain requirements. Criminal Attorney Hinman can help you navigate the process, and represent your interests at RMV Hearings.

License Suspension After a Breathalyzer Refusal

If you refuse to take a breath test after an OUI arrest, your license will be automatically be suspended for a period of time. The length of the suspension depends on whether or not you have any prior offenses: 180 days for a first offense, 3 years for a second offense, 5 years for a third offense, and permanently for a fourth offense. This is because when you obtain a Massachusetts driver’s license, you are consenting to submit to a breath or blood test if you are driving under the influence of alcohol. Failure to submit to this test, therefore, is a breach of this “contract” that you entered into when you obtained your license.

If your license has been suspended for refusing a Breathalyzer test, you have only 15 days to appeal the suspension.

Hardship Licenses are not available during suspension for breath test refusal. If your case is resolved, and your license is suspended as a result of a conviction, this period of suspension will run consecutive to the suspension for refusing a breath test. If you are acquitted after trial, or your case is dismissed, upon order of the court, you may be able to get your license back before the period of suspension is over.

License Suspension After an OUI Conviction

First Offense

If it is your first offense, your license will be suspended for one year, with the possibility of a hardship license after 3 months. If you received an alternative or 24D disposition, your license will be suspended anywhere from 45-90 days. If you are under 21, your license will be suspended for 210 days.

Second Offense

If it is your second offense, your license will be suspended for 2 years, with the possibility of a hardship license after 1 year.

Third Offense

If it is your third offense, your license will be suspended for 8 years, with the possibility of a hardship license after 4 years.

Fourth Offense

After your fourth drunk driving offense, your license will be suspended for 10 years, with hardship license eligibility after 5 years.

Fifth Offense

After your fifth DUI offense, you will permanently lose you license, and will not be eligible for a hardship license.

Hardship Licenses

After your case has been resolved, you may be able to obtain a hardship license through the Registry of Motor Vehicles if your license has been suspended. Obtaining a hardship license can be crucial to your livelihood. Hardship licenses are available for legitimate purposes such as work, school, or medical treatment, and are only valid during specified hours. If you have had two or more OUI offenses, you will be required to pay for the installation of an interlock ignition device in your vehicle. Hardship licenses can be very difficult to obtain. Even if you meet the stringent requirements of the RMV, issuance of a hardship license can be denied at their discretion. Attorney Hinman can guide you through the process and represent you at your RMV Hearing to ensure that you have the best chance possible of obtaining a hardship license.

If your license has been suspended, or you need a hardship license, please contact Attorney Hinman at 617-283-4480 or using the form to the left.