Mass. Hardship Licenses for 3rd & 4th OUI Offenders

If you have an 8 year OUI 3rd offense license revocation or a 10 year OUI 4th offense revocation, you are likely not going to get a hardship license from the Mass. RMV and you will end up at the Board of Appeal of the Division of Insurance. This is because the Registry will not grant you any type of hardship or work license if you are a 3rd or 4th offender who has not completed an approved ninety (90) day in-patient residential alcohol treatment program and all recommended aftercare. The Registry makes no exceptions to these requirements. Also, Registry Hearings Officers cannot grant hardship licenses to 4th offenders without approval of the Director of the Driver Control Unit. There are no hardship licenses available for 5th offenders, who have lifetime license revocations.

When you do not meet the Registry’s hardship license requirements, you can seek hardship authorization from the Board of Appeal. However, there is certainly no guarantee that you will receive a hardship license and one of the best ways that you can improve the odds of getting a hardship license is to hire a lawyer who specializes in Board of Appeal cases.

As a third or fourth offender, you must produce substantial evidence to show that any alcohol issues are under control and you are unlikely to reoffend. Some factors that the Board of Appeal will consider include your criminal record, driving record, evidence of operation, prior blood alcohol levels, alcohol treatment, sobriety, attitude, AA and self-help attendance, and counseling history. Only when these issues are addressed will the Board consider hardship, need to drive, and work obligations.

If you have an 8 year or 10 year license revocation and you are interested in obtaining a hardship license, I urge you to contact me for a free review of your situation. After speaking with me, you will know where you stand and you will have an idea of your chances of obtaining a hardship license. If it is unlikely that the Board will grant you a license, I will advise you as to what steps you need to take and how long you may have to wait before applying. If you apply too soon or you are unprepared for your hearing, the Board may affirm the revocation and you may lose your right to be re-considered for a hardship license. If this happens you will have to serve the balance of your revocation.

All repeat offenders will have to use an ignition interlock device while you are on any hardship license and for 2 years after your hardship hours are removed. The IID requirement applies whether your are granted a hardship license or not. There are no exceptions to the IID requirement.