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.jpg) In Massachusetts, hardship licenses are sometimes available to allow a DUI offender to get to work, school, or medical appointments. A hardship license, which is also known as a work, 12, 7 to 7, or Cinderella License, allows the license holder to drive for an identical 12 hour period each day. It is restricted to passenger cars, as you cannot be issued a hardship CDL.
There is no absolutely right to a hardship license and neither the Massachusetts Registry nor the Board of Appeal will issue one simply because an offender asks for one. In order to get a hardship license, you must present certain evidence and meet certain requirements. In Mass. DWI cases, for First Offenders, it is possible to apply for a hardship license upon entry into the DUI First Offender Program. The ability to try to get a hardship license, without having to serve a minimum license suspension, period makes “pleading out” an attractive option to some people. However, there are consequences to pleading out and the decision should be made only after consulting with an experienced Mass. DWI Lawyer.
For a 2nd offense DUI, you must serve one year of the 2 year loss of license prior to getting a hardship license. Unless you get treatment as a “second chance first offender,” the Registry will absolutely not give you a hardship license until you have served every day of this 1 year 2nd offense DWI suspension period. Also, you must have completed the 14 day in-patient alcohol program.
For a 3rd offense DUI, you must serve 2 years of the 8 year license suspension prior to being considered for a hardship license. Again, the Registry will not issue a hardship license unless you’ve served this 2 year suspension period and you have successfully completed a 90 day in-patient DWI 3rd Offender Alcohol Program. However, it may be possible to get a hardship license for the Board of Appeal without this. You will need to prove at a Board of Appeal hearing that the causes of your past and present alcohol problems have been brought under control such that you do not present a danger to public safety.
For a 4th offense DWI, you must serve 5 years of the 10 year license suspension, prior to being considered for a hardship license. As the number of prior offenses increases, it becomes increasing difficulty to get a hardship license. This is because someone with multiple offenses is often determined to be a danger to public safety and it is politically unpopular to issue a hardship license to a repeat offender.
There is generally no legal ability for a 5th offense DUI offender to get a Massachusetts Hardship License. The law requires that the person’s license be revoked for life and it contains no provision for hardship licensing, unlike the laws governing 1st, 2nd, 3rd, and 4th offense DWI. The issuance of a hardship license for a 5th offender is considered super-extraordinary relief.
Unless you are a First Offender or a Second Chance First Offender, you must serve the entire term of any breathalyzer refusal suspension, as well as the required DWI suspension time, prior to applying for a hardship license. For example, if you are a 2nd offender and you refused the breathalyzer, you must serve the 3 year chemical test refusal suspension, plus 1 year of the 2 year DWI suspension. However, this is general rule and it may be possible to get a hardship license sooner than 4 years. Contact Attorney Brian E. Simoneau at 508-88-1119 to find out how.
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