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3rd Offense DUI Lawyer in Massachusetts

Navigating Hardship Licenses for a 3rd Offense DUI in Massachusetts

Obtaining a hardship license after a third DUI conviction in Massachusetts is a challenging and complex process, often requiring legal expertise and a thorough understanding of the state’s stringent regulations. A third DUI offense triggers severe penalties, including long-term license suspensions, which are compounded if a chemical test was refused at the time of arrest. Understanding the steps and requirements is crucial for those seeking limited driving privileges under these circumstances.

If you have been charged with a third DUI, it is imperative you reach out to an attorney at the Law Office of Brian Simoneau, P.C. at once. Our lawyers can review the facts of your case, inform you of your legal options, and help you determine the best course of action.

Call 508-625-5776 or reach out to us online today to tell us about your case.

License Suspension and Hardship License Eligibility

Under Massachusetts law (G.L. c. 90 § 24[1][c][3]), a third DUI offense results in an automatic eight-year license suspension. If you refused a breath or blood test during your arrest, you will first serve a five-year suspension for the chemical test refusal (CTR). This five-year period is followed by the eight-year DUI suspension, leading to a total of 13 years without a license.

Once the CTR suspension has expired, you may be eligible to apply for a 12-hour hardship license. However, eligibility is contingent upon demonstrating a legitimate and documented need to drive for essential reasons such as work, school, or medical appointments. Additionally, any hardship license granted will carry a mandatory Ignition Interlock Device (IID) requirement, as stipulated by Melanie’s Law.

Requirements for Obtaining a Hardship License

The Massachusetts Registry of Motor Vehicles (RMV) generally denies hardship licenses to third offenders, primarily because of the stringent requirement to complete a 90-day residential alcohol treatment program approved by the Massachusetts Department of Public Health. Unfortunately, such a program is not currently available in the state, leaving most third offenders to complete the 14-day in-patient DUIL program designed for second offenders. Despite this limitation, the Registry still expects evidence of substantial rehabilitation and a low risk of recidivism.

Given these challenges, most third offenders seeking a hardship license must appeal to the Board of Appeal of the Massachusetts Division of Insurance. The Board consists of three members who have the authority to overturn the RMV’s decision and grant a hardship license. However, the process is adversarial, with the Registry often represented by an attorney arguing against granting the license.

The Role of Legal Representation

Success in obtaining a hardship license at the Board of Appeal often depends on having strong legal representation. Experienced attorneys can help assemble a compelling case by providing documentary evidence that demonstrates your need for a license and your commitment to sobriety. This evidence might include proof of completion of the DUIL program, letters of support, and a detailed personal history showing significant time without any alcohol-related incidents.

An attorney can also prepare a persuasive legal memorandum that addresses the Board members’ concerns, such as your risk of relapse and the potential danger to public safety. Given the high stakes and the complexity of the appeal process, self-representation is generally not advisable. Those who attempt to navigate the Board of Appeal without legal counsel often find themselves denied the hardship license and forced to serve the remainder of the full suspension term.

Additional Considerations

All third DUI offenders are required to use a certified IID on any vehicle they own, lease, or operate. This requirement applies during the full term of any hardship license and continues for two years after full license reinstatement. The costs associated with the IID, including installation and monthly monitoring fees, are borne by the offender and are not negotiable.

It is also important to note that the Board of Appeal requires evidence of a substantial period of sobriety, a legitimate need for a license, and a favorable assessment regarding the risk of recidivism. The Board’s primary concern is public safety, and they will carefully scrutinize your case to ensure that returning you to the roadway will not pose a danger to others.

The Importance of Professional Guidance

Securing a hardship license after a third DUI conviction in Massachusetts is an uphill battle, but with the right legal strategy and preparation, it is possible. Given the complexity of the process and the high standards set by the RMV and the Board of Appeal, having an experienced attorney by your side can make all the difference.

If you are facing the prospect of a lengthy license suspension, contact a Massachusetts DUI attorney who can help you navigate the system and work towards getting you back on the road.