If you have been arrested for, and convicted of, operating a motor vehicle under the influence of alcohol or other drugs (OUI) in the state of Massachusetts, and even if you have accepted a plea deal or your case has been Continued Without a Finding (CWOF), you will likely have to accept that your license will be suspended. Losing your drivers license for any period of time can cause some serious issues that may go beyond simple inconveniences, and instead threated to cause serious hardship for either you or your family.
In the case that your loss of transportation threatens to cause an undue inconvenience, you may be eligible to apply for a hardship license in the state of Massachusetts. In order to qualify for the hardship license, you must be able to prove that you will suffer significantly with work, education, or medical obligations. The state will not consider any other reason for a license as a sufficient “hardship.”
Applying For a Hardship License
As you can imagine, having gone through an OUI trial after your arrest, that applying for and receiving a hardship license is no small task. The Registry of Motor Vehicles holds a hearing for every applicant, where they will review the requirements and confirm that the applicant meets them (more about those below), and will consider the reasons that they present to determine whether or not there is an actual threat of hardship. In many cases, access to reliable public transportation may pose an issue for your approval.
It is always in your best interest to work with a Massachusetts hardship license attorney, like Attorney Simoneau, to make sure that you have the best chance of getting your application and request approved.
Valid Reasons for a Hardship License
The Commonwealth of Massachusetts has a rigid definition of what types of “hardships” they will consider a valid reason for someone convicted of OUI to be granted a limited license. There is no right for anyone convicted of an OUI to be granted a limited license, meaning that it is entirely up to the board who is hearing your request to determine whether or not they believe that you have a valid reason for your request.
If you are the primary earner in your home, or if your inability to have consistent personal transportation to and from your work, this can be considered a valid reason for being granted a hardship license in Massachusetts.
If you have ongoing medical appointments because of a medical condition or other reasons that would cause serious health issues for you if you were unable to have consistent personal transportation to and from, this is another valid reason for a license.
If not having personal transportation will impact your ability to continue your education, this is another reason that the RMV board may consider as valid to grant a hardship license for.
No Public Transit
In addition to the aforementioned issues that the state considers “hardships,” you will likely also need to prove that you do not have access to reliable public transportation. It is likely that if you have access to public transit that you may have your request denied. This is another reason it is a great idea to work with an attorney.
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