OUI Hardship Licenses in Massachusetts

A Massachusetts drunk driving conviction can affect many areas of your life, including your job and your family. In some cases, the Commonwealth provides hardship driver's licenses to applicants who qualify.

At the law firm of Sweeney & Associates, LLC, our Quincy criminal defense lawyers can explain your rights with regard to obtaining a hardship license. Talk to us about your case, free of charge.

Hardship Licenses for First and Subsequent Offenders:

• First conviction: 12-hour hardship license available upon entry into program.
• Second conviction: 12-hour hardship license for education or employment after 12 months and completion of in-patient program. After 18 months, applicants may request a new license if their vehicle has an ignition interlock device.
• Third conviction: 12-hour hardship license for education and employment after 2 years and a new, limited license after 4 years. Awarded only if vehicle has ignition interlock.
• Fourth conviction: 12-hour hardship license for education and employment after 5 years and a new, limited license after 8 years. Awarded only if vehicle has ignition interlock.
• Fifth or subsequent conviction: No hardship license.

Requirements for a Hardship License

• No evidence of any operation since the effective date of this revocation.
• The minimum amount of time has been served for hardship consideration.
• All other active revocation periods have been completed.
• The applicant must provide documented proof of completion of the proper alcohol treatment program. Two-week in-house program for second offense; 90-day in-house program for third and fourth offenses.
• The applicant must provide the Discharge Summary from the treatment program, stating the risk factor or recidivism rate.
• The applicant must provide proof of compliance with all ordered aftercare: a Discharge Summary (if aftercare complete) or a Progress Review (if aftercare is ongoing) from the aftercare provider stating the risk factor or recidivism.
• The applicant has provided a letter from probation, less than 30 days old, stating that the applicant is in compliance with probation.
• The operator has documented a legitimate hardship. Applicant must provide a letter from his/her employer, on letterhead, less than 30 days old. The letter must state the applicant's need for a hardship license and the work hours.

A self-employed applicant must present proof of self-employment. Acceptable forms of proof consist of a business certificate, tax forms indicating self-employment, and/or a current professional license. The applicant must also present a letter on his/her own behalf explaining his/her need for a hardship license and the hours requested.

• Applicants applying for a hardship license for other purposes (i.e., education, medical treatments), require third-party documentation of the hardship.
• Twelve (12) hours are allowed for a hardship license. Hardship hours must be consistent with documentation presented at the time of the hearing.
• The applicant is responsible for providing proof regarding the availability of public transportation. This proof may be included within the employer's letter. The applicant may also provide local bus/transit routes, MapQuest, etc.
• Ignition Interlock Device is required if: (a) There are two or more OUI(s) on the record, OR (b) OUI revocation has completed and the applicant never reinstated for the OUI offense and there are two or more OUI(s) on the record.

NOTE: Reinstatement is only allowed once the proof of installation of interlock and affidavits have been returned to a hearings officer.

Additionally, you are subject to a reinstatement fee if your Massachusetts license or your right to operate has been suspended or revoked. This fee ranges from $50 to $1,000, depending upon the offense.

Need help getting a hardship license? Give us a call at (617) 300-0212 and we will review your case for free.