Can You Get A Hardship License After a DUI?

By Eric Hamilton

Mar 24, 2020 10:21 AM EDT

Can You Get A Hardship License After a DUI?(Can You Get A Hardship License After a DUI?) (Credit: Getty Image)

Those that have been convicted of a DUI typically face a license suspension that can be in effect for six months to 10 years depending on the circumstances of your particular DUI charge. While it may be possible to get obtain a hardship license, it is not always easy. Each state has it's own requirements. 

In states like Massachusetts, eligibility for a hardship license will depend on the number of factors such as the number of times that you have been convicted of a DUI and the severity of your charge. In many cases, it is in your best interest to consult with a proven RMV Lawyer to discuss the details of your case. 

Learn more about hardship licenses, eligibility requirements, and when you should contact a DUI attorney below. 

What is a Hardship License?

A hardship license (sometimes called a "restricted license") does not restore all of your driving privileges. They usually come with restrictive measures on where you can drive and what time of day you are able to so.  In many situations, those granted a hardship license are able to travel to places such as:

  • School 

  • Medical Appointments

  • Alcohol treatment programs

  • Work

  • Court 

  • Other places pertinent to sustaining life (i.e. grocery store, pharmacist, etc.)

Hardship licenses are not automatically handed out to those that have had their license suspended due to a DUI. You must prove to the courts and/or RMV that you are eligible for it. If you are eligible, you may have to satisfy a number of requirements such as obtaining SR-22 car insurance, installing an ignition interlock device, and attending DUI driving classes. Furthermore, in most instances, you will have to wait at least 30 days before you are eligible to apply. 

Who is Eligible For a Hardship License?

Not everyone with a DUI conviction is eligible for a hardship license. You must prove to the court as well as RMV that you are. Eligibility requirements will vary depending on:

  • Number of DUI Convictions: Those that are facing their first DUI conviction are more likely to obtain a hardship license than people that have been charged and convicted multiple times. This rule is set by the state and can sometimes be up to the discretion of the judge and/or RMV. 

  • Type of Offense: If you have been convicted of a DUI in addition to other charges such as vehicular homicide, hit-and-run, DUI with a minor in the vehicle, etc. You may not be eligible for a hardship license. It is best to connect with an attorney before applying. 

  • Proof of Need: In most cases, you must prove that there is no adequate public transportation available to get you to the places that you need to go such as work, school, court, and medical appointments. 

When You Should Contact a DUI Attorney

Whether this is your first DUI conviction or you have been convicted before, it is recommended that you connect with a proven DUI attorney to discuss your case. It is important to note that you may only have the opportunity to apply for a hardship license once. If your application is denied, you will have no other course of action. 

Furthermore, an attorney can be an asset when proving that you are eligible for a hardship license while highlighting your need for one. Most DUI attorneys offer a free initial consultation, so you have nothing to lose by taking advantage of a free consultation.

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