Massachusetts DUI Attorney Blog

A Milton school committee member received a hardship license and a minimal sentence, just days after admitting there is sufficient evidence to find him guilty of a Massachusetts drunk driving charge, according to the Patriot Ledger.

Hiring a Milton drunk driving (OUI/DUI) attorney can make a big difference in the penalty for violating Massachusetts drunk driving laws. A Milton drunk driving defense lawyer can often work to reduce the penalty, particularly for a first-offense Massachusetts drunk driving charge.

In this case, the defendant admitted sufficient facts in Quincy District Court, apologized and said he will not resign from the school committee.

The veteran school committee member reached an agreement with prosecutors at his Jan. 4 arraignment; the case was continued without a finding of guilt, and he was placed on one year of supervised probation and had his license suspended for 45 days. Two days later, he was issued a hardship license, allowing him to drive between 8 a.m. and 8 p.m.

He was arrested new Year's Day with a blood-alcohol level more than three times the legal limit.

Continue reading "Milton school official faces drunk driving charge in Quincy District Court" »

Massachusetts hardship license, also known as a work license are limited licenses that allow an individual suspended for OUI in Massachusetts to drive at designated times for the purposes of work, education or medical appointments. For a Massachusetts First Offense OUI, a driver can obtain a hardship within three business days. The applicant must enroll in the 24D alcohol education program and present documentation of proof of the need for the hardship.

An applicant's proof of a hardship consists of a letter on letterhead from an employer written within thirty days of the application that sets forth the need for the hardship, by indicating the location of the employment and the hours of employment. The applicant is also required to show that public transportation is not reasonably available. Additionally, the Massachusetts Registry of Motor Vehicles will not authorize a hardship license if there is any evidence of operation since the effective date of the license revocation.

To apply for a hardship license, the applicant appears at the Massachusetts RMV with the appropriate documentation and the request for hardship form filled out. Unfortunately, hardship licenses are not available for any suspension relating to refusal of the breathalyzer; accordingly, eligibility for a hardship license requires that all other administration suspensions for breathalyzer refusal be completed.

In addition to a first offense OUI convictions, a hardship license is also available for second and subsequent offenses. For a second offense, a motorist is eligible for a hardship license after one year, but must provide evidence of completion of the 14 day in-patient program and in addition must provide a discharge summary from the treatment program, stating the risk factors of reoccurrence of the substance abuse problem.

The applicant must provide proof of compliance with all ordered after-care, along with a letter stating compliance with probationary conditions. The applicant must also designate the need for a hardship just as for a 1st offense OUI work license.

Continue reading "OUI Hardship licenses in Massachusetts for 1st and 2nd offenses" »