Massachusetts Hardship Licensing Laws include “waiting periods,” which require drivers who have had their licenses suspended for DUI, drug convictions, and habitual traffic offender status to serve a certain amount of the suspension time prior to being considered for a hardship license. The Mass. Registry of Motor Vehicles will refuse to hear a hardship license appeal unless the applicant has served the required amount of time.

For a Massachusetts DUI First Offense, which was resolved pursuant to G.L. c. 90 § 24D, you can apply for a hardship license 3 days after obtaining a 24D First Offender disposition in court and enrolling in the 24D Alcohol Education Program. DUI 2nd offenders are required to serve 1 year of the 2 year revocation, DUI 3rd offenders must serve 2 years of the 8 year license suspension, and DUI 4th offenders must serve 5 years of the 10 year DUI license suspension. 2nd and subsequent DUI offenders will be ignition interlock required for the  entire term of any hardship license and for a period of 2 years after getting a full reinstatement. There is no way around the interlock requirement.

Habitual traffic offenders must serve 1 year of the 4 year revocation and must have completed the National Safety Council Driver Re-training class. Also, to get a hardship license from the RMV, there must be no evidence of driving during the 1 year suspension period.

In order to apply for a hardship license on a drug related suspension, you must serve 1/2 of the suspension time. The Registry also requries completion of a drug treatment program and 3 clean urine screens, spaced 30 days apart, covering the 3 months prior to the Registry or Board of Appeal hardship license hearing.

It is important to note that serving the required amount of time does not guarantee a hardship license. Both the Massachusetts Registry and the RMV Board of Appeals consider a variety of other factors in addition to time served. 

The Boston Globe recently reported that the Boston Police Department, along with the Mass. RMV, has instituted a crackdown on handicapped parking placard abuse, and rightfully so.

Apparently, large numbers of able-bodied motorists have been using handicapped parking placards issued to others to park in handicapped parking spots. This, of course, prevents those who really need the parking spots from using them. It seems that many Boston motorists would park their vehicles outside of their offices all day, with someone else’s placard. Penalties for handicapped placard or license plate abuse include a $500.00 fine and this offense is one of the 64 ways to get your license suspended. Handicapped placard abuse can result in a driver’s license suspension for up to one year.

A group of Suffolk County Jail Officers were recently discovered committing handicapped placard abuse at the Suffolk County Jail in Boston, where they illegally took up spaces reserved for disabled individuals who were going to Spaulding Rehab.

Violations of the Mass. RMV Ignition Interlock Regulations will result in automatic 10 year or lifetime license revocations. Often times, these ignition interlock violations can be prevented. Many violations occur when a driver with a borderline blood alcohol reading starts his or her vehicle and experiences a rolling re-test violation shortly thereafter.

The Smart Start interlock instructions state that “warn” means “you may start your vehicle.” Although you will be able to start your vehicle, doing so might cost you your license. I have personally handled numerous cases where drivers had small amounts of alcohol in their systems and they were allowed to start their vehicles, albeit with the ignition interlock device displaying “warn.” Oftentimes, the driver’s alcohol readings will inexplicably increase while driving, and these readings will trigger rolling re-test interlock violations. These violations would have been prevented if the interlock user did not attempt to drive when the Smart Start IID displayed “warn.” If you have any alcohol at all in your system, even if it does not prevent your vehicle from starting, you absolutely should not drive. Borderline alcohol readings may increase during your trip and these readings may result in ignition interlock violations.

All of the major Boston media outlets are reporting on Senator Anthony Galluccio’s alleged home breathalyzer violation. Gallucio was placed on home confinement and ordered to undergo mandatory random alcohol monitoring as a result of pleading guilty to leaving the scene of a motor vehicle accident. Alcohol was apparently suspected to be involved in the incident.

He was required to take a home “breathalyzer” test to prove that he has been complying with the terms of his probation, which require that he abstain from alcohol. Apparently, like the ignition interlock devices used in Massachusetts, these in-home “breathalyzers” cannot differentiate between the alcohol in liquor and other non-intoxicating alcohols. I suspect that, like the ignition interlock devices, these so-called "breathalyzers" do not use infrared spectrometry, which is more reliable than fuel cell technology. 

Gallucio claimed that he used Colgate Total Whitening and Sensodyne Toothpaste, which both contain the chemical sorbitol, a sugar alcohol.  I have successfully defended individuals who have experienced false ignition interlock readings as a result of this chemical. In one false positive case, the ignition interlock user consumed a “protein bar” containing sorbitol shortly before driving. In another similar case, the ignition interlock-required driver was chewing sugarless gum shortly before taking a required random rolling re-test. In both of these Massachusetts ignition interlock violation cases, the IID misinterpreted sorbitol for ethyl alcohol, the type of alcohol that is in intoxicating liquor.

Of course, in Gallucio’s case it is unknown whether or not the toothpase defense is legitimate or conjured up to avoid responsibility. Ignition Interlock users often face this same dilemma. 

The Mass. RMV has moved its ignition interlock unit from the Chinatown Branch of the RMV in Boston to the Registry of Motor Vehicles administrative office, which is located at 25 Newport Ave. Extension in Quincy. The RMV interlock program staff members work out of this office and this is where ignition interlock violation hearings are held.

Massachusetts Ignition Interlock violations can result in 10 year and lifetime license revocations. If you have received a violation notice, you should contact a Massachusetts Ignition Interlock Specialist such as Attorney Brian E. Simoneau.

The Massachusetts Registry of Motor Vehicles offers a community outreach program called “shifting gears.” This program is presented at various locations such as libraries and senior centers throughout Massachusetts. The program is designed to provide information to senior drivers about elder driving safety, tips to improve driving, and how to obtain a disability or handicapped license plate or placard. The RMV also provides information to families of elderly drivers.

The Mass. RMV also offers a program called “driving decisions.” This program is designed for caregivers and professionals and it covers Mass. Registry procedures whereby the Registry can be notified of drivers who go through a medical clearance process and/or competency road test, to insure that they are safe to operate a motor vehicle. Look for these important programs in your community.

The Massachusetts Registry of Motor Vehicles will suspend your driver’s license if you are convicted of certain drug offenses. A conviction for simple possession of a Class A, B, C, D, or E controlled substance (e.g. marijuana, cocaine, heroin, percocet, or oxycontin) will result in a one year license suspension. 

A conviction for possession with intent to distribute a Class D or E controlled substance (marijuana or pills) or use of a forged prescription will result in a 2 year loss of license.

A first offense conviction of possession with intent to distribute a Class A, B, or C controlled substance or a a second or subsequent conviction of possession with intent to distribute a Class D or E drug will trigger a 3 year license revocation. 

School zone drug violations, as well as drug trafficking, will result in 5 year suspension. 

Drug convictions resulting from out of state violations will count as if they had occurred in Massachusetts. 

It is possible to apply for a hardship license from the Registry of Motor Vehicles for drug-related suspensions, once at least ½ of the suspension time has been served. Hardship licensing is discretionary and the applicant must prove he or she is qualified for hardship relief. The Registry requires proof of clean drug screens, the completion of a drug treatment program, and a letter from the hardship license applicant's probation officer. Documentary evidence of a severe hardship is also required.

Where the Registry suspends a license years after the triggering drug conviction, it may be possible to get the suspension reversed.

The State of Minnesota allows DUI defendants back on the road if they agree to the installation and use of an ignition interlock device. Although these interlock devices are not without problems, this program allows drivers to get back on the road and support themselves and they families, while not endangering the public. The vast majority of my hardship license clients would gladly have an ignition interlock device installed in their vehicles in exchange for being allowed to drive.

The ignition interlock device will prevent a DUI offender from starting his or her vehicle if it detects alcohol. This will protect public safety while still allowing the DUI offender to drive, so that he or she can get to work. Because the interlock device will physically prevent a vehicle from starting, this program is actually safer than suspending the license of DUI offenders. It is no secret that many people drive on suspended licenses.  Most drive out of absolute necessity while others simply ignore the DUI license suspension.  Without an interlock device, there is nothing to prevent these people from re-offending. If, on the other hand, they had been given licenses in exchange for having ignition interlock devices installed in their vehicles, they would be physically prevented from driving while intoxicated.

The consequences associated with driving on a suspended license are often underestimated and misunderstood. Being convicted of driving on a suspended license can carry stiff penalties including mandatory jail time and an automatic license suspension which is “stacked” on top of any existing suspension or revocation.

All convictions for driving on a suspended license will automatically trigger an addition license suspension, which will run “from and after” any current suspensions. Also, a conviction for operating after suspension on a license which was suspended for OUI will result in a minimum mandatory 60 day jail sentence.

A conviction for operating after suspension will likely result in a substantial increase of your insurance rates. Also, driving on a suspended license counts as a major infraction under the Mass. Habitual Traffic Offender Law. It can therefore trigger a 4 year revocation.

Finally, both the RMV Board of Appeal and the Mass. Registry of Motor Vehicles take the view that driving on a suspended license shows a conscious disregard for the law. This may make it difficult to obtain a hardship license.
Second or subsequent convictions for driving on a suspended license will result in increasing penalties and sentences. Massachusetts police officers are authorized to confiscate the license plates of anyone found driving his or her vehicle on a suspended license. Upon receipt of the plates and a police report indicating that the vehicle’s owner was operating after suspension, the Mass. RMV will revoke the vehicle’s registration.

With all of these consequences, it does not make sense to risk being arrested and prosecuted for driving while your license is suspended. It makes more sense to try to get a hardship license.

There is absolutely no automatic right to a Massachusetts hardship license, which is also known as a work license, 7 to 7, or Cinderella license. Instead, these licenses are granted at the discretion of the Massachusetts Registry of Motor Vehicles or the Mass. RMV Board of Appeal.

If the Registry of Motor Vehicles denies you a hardship license after a Registry hearing, you have the right to appeal the denial to the Massachusetts Board of Appeal of the Division of Insurance. The Board has the power to overrule the Registry’s decision and it can order the RMV to issue you a hardship license. As compared to the Registry, the Board has much more flexibility and discretion regarding hardship license appeals. However, the Board of Appeal will not issue a license in a case where the appellant represents a risk to pubic safety.

If the Board of Appeal denies hardship relief, it is possible to file a motion for reconsideration. The motion must be filed within thirty (30) days of receipt of the Board’s adverse decision. The motion for reconsideration must identify a clerical error in the Board’s decision or significant factor in your case, which the Board may have overlooked.

Within thirty (30) days of receipt of a final decision of the Board of Appeal, it is possible to appeal to superior court. The appeal must have a legitimate legal basis and the vast majority of hardship license appeals fail at the superior court level. The court affords the Board of Appeal with wide latitude and discretion. Absent a legal error, a superior court judge will not substitute his or her judgment for the Board’s.

There is generally no ability to introduce new evidence at the superior court level. Instead, the court will rely on the evidence presented at the Board of Appeal hearing. Given the limited appellate opportunities available to those who are denied a hardship license, it is important to be represented by an experienced lawyer who specializes in Massachusetts hardship license appeals.