If you have recently had your license suspended for a DUI or for refusing to take a breathalyzer, you are probably wondering if you can have your license temporarily reinstated and what kind of restrictions would be put on such a license.
Hardship and Cinderella licenses are restricted licenses that allow drivers with suspensions to operate a vehicle for a set 12-hour period every day. The Registry of Motor Vehicles will only allow you to have such a license if you need to drive to school, work or to medical appointments.
Requirements for Getting a Hardship License
Eligibility for a hardship license depends upon what your license was suspended for and how many offenses you have had for that crime. Your criminal history, in general, will also be taken into consideration when you apply for this kind of license. Any outstanding payments you have due for any other traffic citations will also be taken into consideration.
If you have been arrested for an OUI and it is your first offense, you will have to wait three months before applying for a hardship license. If it is a second offense, you must wait for at least a year before getting a reinstatement. A third offense will require you to wait two years for a hardship license and a fourth offense will require a five-year wait.
Typical reasons for denial of a hardship license include chronic drug use and multiple OUI offenses. If you are not enrolled in any kind of drug rehabilitation program, alcohol class or therapy for drugs or alcohol abuse, it may hurt your chances of getting a hardship license. If you are caught driving on a suspended license, you are unlikely to qualify for a hardship.
The Difference Between Hardship and Inconvenience
If you can’t take your kids to soccer practice or you are going to miss that church picnic because of your suspension, the RVM won’t care. Personal commitments outside of work, school or medical needs are not considered hardships.
You will have to get documentation of your employment, enrollment in school or medical appointments. If you need the hardship license for work, be sure to get a letter from your employer on company letterhead detailing the days and hours you must be at work. If you are self-employed, you must write your own letter. You may also want to bring a copy of your business registration with the state, in order to prove that you are indeed the owner. you will have to document the fact that the use of public transportation is not a feasible option for you.
If you are going to use the license to drive to school, you must prove your enrollment and class schedule. Doctor’s appointments should be documented by the medical office.
Once you have gathered and presented the evidence to the RVM at a Hardship Hearing, it will be reviewed by their office. If your application is denied, you may be able to appeal the decision with The Division of Insurance Board of Appeals.
A professional OUI lawyer, like Attorney Brian E. Simoneau can help you gather the evidence you will need to obtain a hardship license.
When You Will Be Able to Drive
You will be able to drive in twelve-hour increments. The hours that you are allowed to drive will depend on the hours you need to get to work, school or your medical appointments. If you are caught driving outside of these hours, your hardship license will be revoked.
Be sure to have your attorney go over all of your paperwork with you before attending your hearing. If you are prepared and informed, you will have a better chance of getting back on the road.
Authoritative Sources:
https://www.mass.gov/service-details/the-board-of-appeal
https://www.nfima.org/services/ambulatory-services/driver-alcohol-education-dae/
