3rd Offense Hardship License
The Mass. RMV will automatically revoke your driver’s license for 8 years if you have 3 DUI convictions on your record. It does not matter whether the court treated your case as a first or second offense. If the Registry’s records show 3 DUI convictions, the Registry will impose an eight (8) year DUI license revocation.
An 8 year license revocation can be devastating and a hardship license will allow you to get you work, school, appointments, and perform errands. To be considered for a hardship license from the Registry, you must have completed a ninety (90) day in-patient alcohol or substance abuse treatment program. The Registry makes no exceptions to this ironclad rule. It is for this reason that most DUI 3rd offenders have to go to the Board of Appeal for a hardship license. If you need to go to the Board of Appeal, you should be represented by a lawyer, such as Hardship License Attorney Brian E. Simoneau.
Even if you have completed the 90 day in-patient alcohol program, chances are that you will not get a hardship license from the Registry. All hardship requests for 3rd offenders must be reviewed and approved by the Director of the Registry’s Driver Control Unit. This approval is not easy to get. Therefore, you will likely end up at the Board of Appeal.
There is a two (2) year waiting period for 3rd offender hardship licenses. This means that you cannot be considered for a hardship license until 2 years after your conviction date. Also, if you refused the breathalyzer, you must serve the entire breathalyzer refusal suspension period prior to applying for a hardship or work license.
With 3 DUI convictions, it is not easy to get a hardship license and it makes sense to hire a lawyer to prepare and present your case. You will need to convince the Board of Appeal that your alcoholism is under control and that you have a compelling need to drive. The Board and Registry of Motor Vehicles will be looking for an alcoholism evaluation or discharge summary showing a low risk of recidivism or relapse. This document is critical. In addition to proving that you have a hardship, you will also be required to prove that you’re a “good risk” to be given a license. A lawyer can help you do this.
If you are dealing with an 8 year OUI 3rd offense license revocation, contact me for a free consultation and review of your situation. After speaking with me, you will know exactly where you stand and I will let you know if I think I can help get you back on the road.
The Registry will require you to take a full written and road test when you get a full reinstatement or hardship license. In addition to the fees for the learner's permit and road test, you must pay a $1,200.00 reinstatement fee.