No Hardship Licenses while Mass. DUI Case is Pending

I’ve gotten numerous inquiries regarding the possibility of obtaining a Massachusetts hardship license during the pendency of operating under the influence charges. Absolutely no hardship license is available during the 30 day administrative per se suspension, from either the RMV Board of Appeal or the Registry of Motor Vehicles itself. Also, no hardship license is available during a breathalyzer or chemical test refusal suspension, unless and until the OUI charge is resolved, either by a plea, acquittal, or conviction. It may, however, be possible to appeal or challenge the breathalyzer refusal suspension and have it eliminated entirely, depending on the facts of the individual case.

No hardship license is available during the pendency of the OUI charges, because both the Registry and Board of Appeal require proof of enrollment in an approved DUI alcohol education program. Also, in DUI first offense cases, the Court must award the DUI defendant a § 24D First Offender disposition. Absent enrollment in the 24D alcohol education program which follows a court-approved 24D disposition, the Registry will not consider a hardship license application. Likewise, the Registry will not grant hardship relief for out of state National Driver Register (NDR) suspensions. The Board of Appeal generally will also not grant a hardship license on an out of state suspension. You must deal with this suspension in the state where the suspension or revocation originated.

The good news is that once your 30-day administrative per se suspension or your breathalyzer refusal suspension has been served, you can fully reinstate your driver’s license. The RMV is legally required to allow you to reinstate once these suspensions expire. If you are convicted of DUI, you will have a new DUI suspension. However, you will be able to legally drive during the pendency of the operating under the influence case. If you are found not guilty of the DUI charge, you will have no new license suspension.

If the Registry has imposed an indefinite immediate threat suspension, you will not be able to obtain a hardship license, or any driver’s license, until the immediate threat revocation has been resolved. In most cases, these revocations should be appealed directly to the Board of Appeal.