One of the most common questions we get from Massachusetts residents who have been arrested for OUI is:
Can I get a hardship license?
If you have been arrested, but not convicted or sentenced and you criminal case is still open, you are not eligible for a hardship during the time of your suspension. A person with a pending OUI in Massachusetts typically has his license suspended for one of two reasons:
- Either he refused the breath test and his license was suspended for 180 days as a result of the refusal, or
- he blew over a .08 in to the breath test and his license was suspended for 30 days as a result of the blow.
During that period of time, while your criminal case is pending, there is no opportunity for a hardship/cinderella license.
The refusal suspension of 180 days is non-negotiable and there is no way to obtain any type of driving privilege during that period of time.
When a person blows over a .08 and the 30-day suspension begins, the only way to get your driving privilege reinstated during that 30-day window is by pleading guilty in court and signing up for the 24D course thereafter. Once you’re signed up for the course, you are eligible to obtain a hardship license from the RMV. However, without a plea to your criminal case, the 30-day suspension stands.
This can all be found under M.G.L. Chapter 90 section 24 (1)(c).
If you have been recently arrested for a OUI in MA, get the right information from the right attorney. Call Bowser Law at: (888) 526-9737.