The vast majority of OUI defendants in Massachusetts resolve their charges through a “24d disposition.”
This disposition typically allows the defendant to apply for a hardship license with the RMV.
However, I have to emphasize that the RMV has a great amount of discretion with hardship licenses and a 24d disposition does not guaranty that registry will grant such a license to you.
According to the RMV’s website, in addition to a 24d disposition, the following criteria must be met when applying for a hardship license:
- There is NO evidence of any operation of a motor vehicle since the effective date of suspension/revocation of either the OUI (24D), the Admin Per Se (Breath test failure), or the Chemical Test Refusal (CTR) suspensions.
- You qualify for an OUI (24D) disposition. A hardship license is available for “2nd chance” 24D assignments, providing the prior OUI finding (or conviction) is over 10 years from the most recent incident date.
- All other active suspension/revocation periods have been COMPLETED, excluding Chemical Test Refusal (CTRs), Youth Alcohol Program (YAPs), and suspensions under MGL Ch. 90 Sec. 24P Sec. 2.
- You have documented entry or enrollment, on program letterhead, verifying that you are enrolled in the court-ordered 90 24D Program, also called the Driver Alcohol Education Program. Note: The court may assign you to an out- of-state program, providing that you are legally domiciled out-of-state or are a full-time student residing out-of-state.
- You have documented a legitimate hardship. You must provide a letter from your employer, on letterhead, which cannot be more than 30 days old. The letter must state your need for a hardship license and the work hours. Note: The RMV may only grant an identical 12-hour, 7 day license.
- If you are self-employed, you must present proof of self-employment. Acceptable forms of proof consist of a business certificate, tax forms indicating self-employment, and/or a current professional license. You must also present a letter on your own behalf explaining your need for a hardship license and the hours requested. Note: The RMV may only grant an identical 12-hour, 7 day license.
- If you are applying for a hardship license for other purposes (i.e. education, medical treatments), the RMV requires third party documentation of the hardship. Note: The RMV may only grant an identical 12-hour, 7 day license.
- You are responsible for providing proof regarding the availability of public transportation. This proof may be included within your employer’s letter. You may also provide local bus/transit routes, MapQuest etc. Hardship requests may be denied if you access employment, school, or medical treatments via public transportation unless the proof of hardship articulates public transportation will not satisfy the request and the reason therefore.
- Ignition Interlock Devices are required for 2nd charges of Operating Under the Influence pursuant to MGL Ch. 90 Sec. 24D and for certain first offenders who, at the time of arrest, had a Blood Alcohol Concentration which registered at or above .15. Multiple offenders are required to maintain the device in a vehicle for two years following removal of the hardship restriction. See https://www.mass.gov/guides/ignition-interlock-device-program for further details. If you are required to install an Ignition Interlock Device, please visit https://www.mass.gov/guides/ignition-interlock-deviceprogram to review whether you are eligible to apply for indigency status. Approval includes waived costs for installation, device, monitoring, and service, but not costs related to violations or any RMV fees or services.
The RMV can revise or change these criteria at anytime.