Driving after a DUI in Massachusetts: the Hardship License
In Massachusetts, a first-offense DUI driver can, in some cases, apply for a Hardship License with no waiting period. The licensing agency issues it. An ignition interlock is required in some cases; an SR-22 filing is not required; DUI-program enrollment is required. The deadline to request a hearing on the administrative suspension is 15 days from the notice.
Most states let a first-offense DUI driver back on the road before the suspension ends — under a restricted privilege that goes by a different name in almost every state, that usually starts only after a set number of days with no driving at all, and that comes with its own conditions. The rules below are the ones the Massachusetts Registry of Motor Vehicles (RMV) state, each quoted from the source.
Also called: First Offense (24D) OUI Hardship License (RMV form DCU107); limited license for hardship purposes (M.G.L. c. 90, § 24D); 12-hour hardship license / Hours ('H') restriction; Hardship and Interlock ('HT') restriction (first offenders with a breath test of .15 or greater); new license for employment or educational purposes on a limited basis (M.G.L. c. 90, § 24(1)(c)).
The first days: the administrative suspension and the hearing deadline
In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.
| Deadline to request the hearing | 15 days |
|---|---|
| Temporary driving permit after arrest | no waiting period |
| Where to request it | mass.gov |
Chemical test refusal: the arresting officer provides written notification of suspension effective immediately (no temporary driver's license is issued) and the RMV states the driver 'must appear within 15 days of the chemical test refusal' for an RMV hearing, held only at the Boston (Haymarket) Service Center on a walk-in basis; M.G.L. c. 90, § 24(1)(g) provides the hearing 'within fifteen days of suspension' limited to reasonable grounds, arrest and refusal. The RMV decision may be appealed within 30 days to the court hearing the OUI case; the driver must have appeared for the RMV hearing first. Breath test failure (0.08 or greater): the RMV states the 30-day suspension takes effect immediately with no notification period and no temporary license, and describes no RMV hearing for that suspension. No hearing fee is stated on the fetched pages.
“You are entitled to a RMV hearing for a chemical test refusal, but you must appear within 15 days of the chemical test refusal.”
Who can get it, and how soon
| After a first DUI | Available in some first-offense cases |
|---|---|
| Days before eligible — test failure | no waiting period |
| Days before eligible — test refusal | no waiting period |
| Issued by | The licensing agency |
Per the RMV's First Offense (24D) OUI Hardship License Criteria (DCU107), a hardship license may be granted, at the reasonable discretion of the RMV, to a person who qualifies for an OUI 24D disposition, is enrolled in the court-ordered 24D Driver Alcohol Education Program, has documented a legitimate hardship and has not operated a vehicle since the suspension took effect; a 'second chance' 24D assignment qualifies if the prior OUI is over 10 years old. Under M.G.L. c. 90, § 24D a defendant may apply immediately upon entering the program. Excluded: a chemical test refusal suspension standing alone (no restricted or hardship permits during a refusal suspension, § 24(1)(f)(1)), junior operators, CDL disqualifications, and out-of-state license holders (hardship licenses are granted only to Massachusetts license holders).
“a defendant may immediately upon entering a program pursuant to this section apply to the registrar for consideration of a limited license for hardship purposes. The registrar, at his discretion, may issue such license under such terms and conditions as he may prescribe.”
Before a court disposition there is no hardship privilege: the RMV states a breath test of 0.08% or greater brings an immediate 30-day suspension under § 24(1)(f)(2) with no temporary license, 'unless you are eligible for a 1st offender court disposition and your case has been resolved under' § 24D, and § 24(1)(f)(1) states that no restricted or hardship permits shall be issued during a chemical test refusal suspension (180 days for a first refusal per the RMV). Once the case is resolved with a 24D disposition (45- to 90-day suspension), § 24D provides that the defendant 'may immediately upon entering a program' apply for a limited license for hardship purposes, notwithstanding § 24(1)(f)(1), and that this applies to other suspensions from the same incident, including the refusal suspension; DCU107 likewise excludes chemical test refusal suspensions from the suspensions that must be comp
“for 30 days in accordance with Massachusetts General Laws Chapter 90 Section 24(1)(f)(2) unless you are eligible for a 1st offender court disposition and your case has been resolved under Massachusetts General Laws Chapter 90 Section 24D”
Conditions attached to the privilege
| Ignition interlock | Required in some cases — Massachusetts interlock rule |
|---|---|
| SR-22 / financial-responsibility filing | Not required — details |
| DUI program / education | Proof of enrollment |
| Fee for the privilege | Pending verification |
| Full reinstatement later | fee $500; SR-22 No — reinstatement steps |
DCU107 conditions: no evidence of operating a motor vehicle since the effective date of the OUI (24D), Admin Per Se (breath test failure) or Chemical Test Refusal suspension; qualification for an OUI (24D) disposition; completion of all other active suspension/revocation periods, excluding CTRs, Youth Alcohol Program suspensions and § 24P suspensions; documented entry or enrollment, on program letterhead, in the court-ordered 24D Driver Alcohol Education Program; a letter from the employer on letterhead not more than 30 days old stating the need and the work hours (self-employed applicants provide proof of self-employment and a personal letter; other purposes such as education or medical treatment need third-party documentation); proof regarding the availability of public transportation. Ignition Interlock Devices are required for certain first offenders who had a BAC at or above .15 at
“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.”
Where and when it allows driving
An identical 12-hour period, 7 days a week (§ 24D; DCU107 'The RMV may only grant an identical 12-hour, 7 day license'), for work, or for other documented purposes such as education or medical treatment; the hours are set from the employer's letter and the license carries an Hours ('H') restriction. Hardship requests may be denied where the applicant can reach employment, school or treatment by public transportation.
“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.”
How it is issued
The licensing agency issues the Hardship License.
Official page: mass.gov
The statute: M.G.L. c. 90, § 24D
“This provision shall also apply to any other suspensions due to the same incident that may be in effect pursuant to said subparagraph (1) of paragraph (c) of subdivision (2) of section 24, said subparagraph (1) of paragraph (f) of subdivision (1) of said section 24 and section 24P of this chapter.”
Questions about driving after a DUI in Massachusetts
- When can a first-time OUI offender in Massachusetts apply for a hardship license?
- Under M.G.L. c. 90, § 24D, a defendant who accepts a 24D disposition may immediately upon entering the Driver Alcohol Education Program apply to the registrar for a limited license for hardship purposes, valid for an identical 12-hour period 7 days a week; the RMV's DCU107 criteria require proof of program enrollment, an employer letter and no driving since the suspension began, and issuance is at the RMV's discretion.
- Is a hardship license available during a Massachusetts chemical test refusal suspension?
- M.G.L. c. 90, § 24(1)(f)(1) states no restricted or hardship permits shall be issued during a refusal suspension (180 days for a driver with no prior OUI, per the RMV). Section 24D provides that its hardship provision applies notwithstanding § 24(1)(f)(1) to suspensions from the same incident once the defendant enters the 24D program, and DCU107 excludes refusal suspensions from those that must be completed first.
- How long does a driver have to contest a chemical test refusal suspension in Massachusetts?
- The RMV states a driver is entitled to an RMV hearing for a chemical test refusal but must appear within 15 days of the refusal, at the Boston (Haymarket) Service Center; M.G.L. c. 90, § 24(1)(g) limits the hearing to reasonable grounds, arrest and refusal. The RMV's decision may be appealed to the court hearing the OUI case within 30 days.
Sources
- M.G.L. c. 90, § 24D Probation; driver alcohol education program; hardship license (Massachusetts Legislature)
- M.G.L. c. 90, § 24 Driving while under influence; refusal and breath-test suspensions; hardship hearings (Massachusetts Legislature)
- Mass.gov RMV: First Offense (24D) OUI Hardship License Criteria (DCU107, PDF)
- Mass.gov RMV: Apply for a hardship driver's license
- Mass.gov RMV: Alcohol and drug suspensions for over 21 years of age (breath test failure, refusal, 24D, hearing within 15 days)
- Mass.gov RMV: Types of RMV suspension hearings (chemical test refusal hearing)
- Mass.gov RMV: Suspension hearings information guide (refusal appeals to court within 30 days)
- Mass.gov RMV: Reinstate your driver's license (no SR-22 listed)
- Mass.gov RMV: Ignition Interlock Device Program guide ('HT' restriction)