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Can I get a hardship/cinderella/work license in MA if I’ve been charged with OUI?

October 24, 2018


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:

  1. Either he refused the breath test and his license was suspended for 180 days as a result of the refusal, or
  2. 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.

25 years of Proven Personal Injury Results.

(888) 526-9737