Can You Get a Hardship License if Your License is Suspended?

When it comes to legal questions, there are no easy answers. Generally, the answers to legal questions depend on the circumstances surrounding a case. The same is true for a question regarding a Mass hardship license. Although some people can get an MA hardship license if they have their license suspended, not all individuals are able to do so. Find out who is eligible for the license and what it means for you.

What Are the Eligibility Requirements?

If you have a license suspension due to an OUI, alcohol-related offense, or a traffic violation, you could be eligible for a hardship license. However, there’s a process you must go through to obtain your license. The RMV will have a hearing and ask you to demonstrate proof that you need the license. If you fail to demonstrate need, the RMV will deny your application.

If you can’t get to work, doctor appointments, or school because of your license suspension, you might be eligible for a license. However, you must be able to show that there is no alternate means of transportation. For example, you are not eligible for the license if there is a viable public transportation route that would get you where you need to go.

When a hardship license is being sought for work reasons, the applicant needs to submit a letter from their employer. The letter should indicate that the employee requires their license to work and that there is no public transportation available.

There are different requirements for first-time offenders than there are for repeat offenders. In Massachusetts, a first-time offender is eligible for the license as soon as three days after the plea or conviction. On the other hand, repeat offenders must serve a portion of their license suspension before applying for the license.

Other Requirements

Before obtaining a Massachusetts hardship license, you must comply with certain court-ordered details. For instance, the court could require you to install an ignition interlock device in your vehicle. They may also mandate a drug or alcohol education program. In order to get your license, you must fulfill those requirements.

You also must pay a reinstatement fee before you are issued your hardship license. For first-time offenders, the fee is $500. Meanwhile, second-time offenders have a fee of $700 and third-time offenders have a fee of $1,000.

Who is Ineligible?

In some cases, you may not meet the eligibility requirements for a Cinderella license. One of the most common reasons for ineligibility is refusing a chemical test. In Massachusetts, you get your license suspended for chemical test refusal. While you can get a hardship license for an OUI conviction, you can’t obtain one for a chemical test refusal.

If you attempt to drive after your license is suspended and before your hardship license is granted, the RMV will not approve your request. No matter how tempted you might be to drive, you should avoid doing so until you have your license.

Do You Need a Lawyer to Obtain a Hardship License?

Between 2003 and 2012, there were 1,370 deaths caused by drunk driving accidents in Massachusetts. The court takes drunk driving and related crimes quite seriously. If you want to obtain a hardship license, you need to fight for it. By working with lawyer Brian E. Simoneau, you improve your chances of obtaining a license. Although a hardship license attorney isn’t necessary, they could be the reason you get a license.

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