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Massachusetts Hardship License Waiting Periods

by Brian E. Simoneau, Esq. 31. December 2009 06:22

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. 

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