Under Massachusetts OUI law, Chapter 90 Section 24, if a person is found guilty of a first offense or admits to sufficient facts for a finding of guilty, known as a Continuance Without a finding or CWOF as commonly referred to in court, the court will generally impose a 45 day loss of license and require the motorist to complete the 24D alcohol education program. With the 24D disposition, Massachusetts DUI law allows a motorist to obtain a hardship license for the purposes of work or education within three business days by going to the Registry of Motor Vehicles and requesting a hearing to obtain a hardship license.
A hardship license, sometimes called a Cinderella license, is obtained by presenting documentation to the registry of motor vehicles regarding the need for the hardship, work, education or regular medical appointments and a letter stating that public transportation is not reasonably available. The hardship is available only for the same 12 hour period daily and requires enrollment in the alcohol education program, as well as payment of the reinstatement fee. This hardship license is only available after any penalty for breathalyzer refusal has already expired.
It is only with a second offense that Massachusetts imposes any requirement of installation of an interlock device prior to restoration of driver's license. A law passed in Illinois allows first time offenders to get their license back earlier. Under Illinois law, a driver is suspended for one year for refusing the breathalyzer and six months for a first offense OUI. The new Illinois law allows a motorist to obtain earlier reinstatement of their license provided they install the ignition interlock device in their car.
The legislature enacted increased OUI penalties in Massachusetts with the enactment of Melanie's law. Accordingly, the OUI laws in the Commonwealth strike the appropriate balance between fairness and punishment. However, legislation in other states will put pressure on Massachusetts to increase penalties for DUI.
A Massachusetts DUI conviction can have lasting consequences; if you were arrested for DUI, Attorney DelSignore can help; he will provide you with a free consultation, explain the court process to you and the consequences to your license if convicted. Attorney DelSignore will review your case and explain to you the DUI defenses available in your case and how you can win your case. You can reach Attorney DelSignore any time at 508-455-4755; 781-686-5924; and by email through the contact form on this site.
