A Massachusetts Hardship License, which is a limited license, valid for 12 hours, may be an important part of recovering from a drunk driving conviction. Hardship licenses are issued after a DUI second offender serves 1 year of his or her 2 year suspension, after a DUI 3rd offender serves 2 years of his or her 8 year license revocation, and after a DUI 4th offender serves 5 years of the 10 year DUI license revocation.

Except in DUI 1st offender and “second chance” first offender cases, which are resolved pursuant to G.L. c. 90 § 24D, there is no ability to get a hardship license during the term of a breathalyzer refusal suspension period. In fact, the Board of Appeal has stated that it does not have jurisdiction over chemical test refusal suspensions. According to the RMV Board of Appeal, these breathalyzer suspensions must be appealed first to the Registry and then to the District Court having jurisdiction over the DUI offense.

For second and subsequent offenders, getting a hardship license is not easy. Both the Board of Appeal and the Registry require that the applicant provide certain documentation and that he or she convincingly demonstrates that his or her alcohol problem is under control and that he or she has a legitimate hardship which warrants relief. Even when this is successfully demonstrated, both the Registry and Board of Appeal still have the legal right to deny a hardship license request.

The purpose of a DUI hardship license is to allow the person who was convicted of DUI to be able to drive for work, school, or medical reasons. However, these are just the reasons of the issuance of the 12 hour limited license. Once issued, the hardship license holder is free to drive wherever he or she wants. The only distinction between a hardship license and a full license is that the holder of a hardship license, which is also referred to as a Cinderella license, or a 7 to 7 license, must only drive during the allowed 12 hour period.

I have helped hundreds of people begin to put their DUI convictions behind them by getting hardship licenses. I have also helped attorneys with hardship licenses and other legal issues involving the Massachusetts Registry of Motor Vehicles and the Division of Insurance Board of Appeal. If you need any information, assistance, or representation, please contact me.