Driving Under the Influence

Massachusetts Lawmakers, Police and District Attorneys all take drunk driving seriously. Operating Under the Influence is a serious offense and convictions can have a serious impact on one’s life.  A first offense conviction can carry more than $3,000.00 in court fines alone! Not only will a conviction hit you in the wallet but the RMV will also suspend your license. The more drunk driving conviction one has the higher the fines and the longer the license suspension.  RMV_600
Not only can these case be won in Court but if your license is suspended the RMV often times can grant you a Hardship License for work, school or medical purposes.  If you face an driving under the influence charge or your license is already suspended, contact Attorney Gilman for a free consultation.
In the Commonwealth of Massachusetts the Registry of Motor Vehicles is authorized to grant Hardship Licenses to individuals who have no more than four convictions for driving under the influence.  When determining the number of offenses an individual has, the RMV will consider not just offenses that have occured in Massachusetts but also those that may have occured out of the state.  Below are just the minimum requirements that the RMV requires for Hardship Licenses.

Second Offense Operating Under the Influence Hardship License Requirements

If you have been convicted of a second operating under the influence offense you are not eligible to apply for Hardship License at the Massachusetts Registry of Motor Vehicles until you have served one year of a two year license suspension. If you refused the breathalyzer test and are already serving a three year license suspension for that refusal, you are not eligible to apply for a Hardship License until four years pass from the date of the incident.  At a minimum to apply for a second offense Hardship License applicants must present evidence that they were discharged from a proper fourteen day in house treatment program, evidence that they are in compliance with all ordered after-care and documentation from the Massachusetts Probation Department, not more than 30 days old stating the applicant is in compliance with probation.  In addition the applicant must provide documentation evidencing a hardship. The Registry of Motor Vehicles Hearing Officer will require at a minimum a letter from your employer, a school schedule or medical documentation to evidence a hardship.  If successful in being approved for a hardship license you will need to have an Ignition Interlock Device installed in every vehicle that one leases, owns or will operate.
Under the Supreme Judicial Court Case of Commonwealth v. Cahill, 442 Mass. 127 (2004) a first offense hardship license can be issued after a conviction for a second offense drunk driving offense.  This special situation arises when an individual’s second offense occurs at least ten years after their first operating under the influence offense.  Under these circumstances an individual may be able to avoid a two year loss of license if the court treats the most recent offense as a first offense and imposes the 24D disposition.  If the court treats the most recent offense as a “second” first offense the Registry of Motor Vehicle’s Hearing Officer will still require you to install an ignition interlock device in any vehicle you or operate, however you are immediately eligiable to apply for a hardship license

Third Offense Operating Under the Influence Hardship License Requirements 

If you have been convicted of a third operating under the influence offense you are not eligible to apply for Hardship License at the Massachusetts Registry of Motor Vehicles until you have served two years of an eight year license suspension. If you refused the breathalyzer test and are already serving a five year license suspension for that refusal, you are not eligible to apply for a Hardship License until six years pass from the date of the incident.  At a minimum to apply for a third offense Hardship License applicants must present evidence that they were discharged from a proper ninety day in house treatment program, evidence that they are in compliance with all ordered after-care and documentation from the Massachusetts Probation Department, not more than 30 days old stating the applicant is in compliance with probation.  In addition the applicant must provide documentation evidencing a hardship. The Registry of Motor Vehicles Hearing Officer will require at a minimum a letter from your employer, a school schedule or medical documentation to evidence a hardship.  Applicants who are applying for a third offense Hardship License will need to have their application package approved by the Director of the Massachusetts Drivers Control Unit. If successful in being approved for a Hardship License you will need to have an Ignition Interlock Device installed in every vehicle that you lease, own or will operate.

Fourth Offense Operating Under the Influence Hardship License Requirements

If you have been convicted of a fourth operating under the influence offense you are not eligible to apply for Hardship License at the Massachusetts Registry of Motor Vehicles until you have served five years of a ten year license suspension. If you refused the breathalyzer test you likely have a life time loss of license suspension, and the Registry of Motor Vehicles will not grant you a Hardship License.  If you took the breathalyzer test, you are not eligible to apply for Hardship License until five years pass from the date of conviction. At a minimum to apply for a fourth offense Hardship License applicants must present evidence that they were discharged from a proper ninety day in house treatment program, evidence that they are in compliance with all ordered after-care and documentation from the Massachusetts Probation Department, not more than 30 days old stating the applicant is in compliance with probation.  In addition the applicant must provide documentation evidencing a hardship. The Registry of Motor Vehicles Hearing Officer will require at a minimum a letter from your employer, a school schedule or medical documentation to evidence a hardship.  Applicants who are applying for a fourth offense Hardship License will need to have their application package approved by the Director of the Massachusetts Drivers Control Unit. If successful in being approved for a hardship license you will need to have an Ignition Interlock Device installed in every vehicle that one leases, owns or will operate.