In the Commonwealth of Massachusetts, individuals charged with their first offense for operating under the influence can opt to be assigned to the Alcohol Education Program, known as the 24(D) program. In these cases, you will admit to sufficient facts and your case can be continued without a finding for one year. The court will notify the Registry of Motor Vehicles of this deposition, and your license will be immediately suspended for 45 to 90 days. If your license was already suspended for refusing the breathalyzer test, the new suspension will run concurrently and the license suspension time will be extended.
After the RMV is notified of the 24(D) deposition you are eligible to apply for a hardship license. In order to apply for a hardship license, you will need to appear before a RMV hearing officer. At the hearing, you are required to present evidence that you have enrolled in a Massachusetts First Offender's Substance program approved by the Department of Public Health. In addition, you will need to provide documentation evidencing a hardship. The Registry of Motor Vehicles Hearing Officer will require at a minimum a letter from your employer, a school schedule, or medical documentation to evidence a hardship.
To apply for a Massachusetts Hardship License you will need to appear before a hearing officer at either the Braintree, Worcester, Springfield, Lawrence, Wilmington, West Yarmouth, or Boston RMV branches. If a hardship license is granted, you will need to be prepared to pay at least a $500.00 reinstatement fee that day to obtain your hardship license.
Having an experienced former hearing officer on your side will ensure you are prepared for your hearing and that you have all the required paperwork. Contact attorney Matthew Gilman at 978-612-6447 or fill out the contact form on this page for a free consultation.