Getting Your MA Driver’s License Reinstated
Massachusetts drivers facing an OUI charge and those who have lost their right to drive due to OUI convictions, accidents or surcharges will need to apply to the Registry of Motor Vehicles for License Reinstatement.
The reinstatement process is complicated, technical and time-sensitive.
But, without taking the proper steps to restore your MA driving privileges after each suspension period, you risk serious problems down the road and will encounter barriers not only in MA, but also in any other state in which you want to drive.
For each suspension period, even those occurring between the time your license is confiscated after arrest up until your court disposition, you may need to then apply for reinstatement and pay a reinstatement fee to the registry.
The RMV often takes the default position that reinstatement is 100% at their discretion, however this does not always hold true. Massachusetts statutes have specific laws in place that detail what must happen at the time of an OUI suspension, during the suspension (also called revocation,) and after a revocation period, including a driver’s right to a suspension hearing, limited license hearing and/or a reinstatement hearing.
Furthermore, the law provides the right to appeal any unfavorable RMV decision to the Board of Appeals, with the exception of a Chemical Test Refusal hearing decision, which must be appealed to the District or Superior court. In this instance, if the RMV Hearings Officer decides against restoring your right to operate after a Chemical Test Refusal sanction, a determined and experienced OUI defense attorney will hold your best shot at getting things turned around through an appeal in court.
|The police, courts and Registry all work in concert to take away your right to drive. But even after a failed BAC test or multiple Surchargeable events, Oberhauser Law can fight to get your driving privileges restored. We have successfully represented MA drivers at court and RMV suspension, hardship and reinstatement hearings.|
Call us now to get time and the strongest RMV defense team on your side:
RMV Reinstatement and Alcohol Education Programs
If facing an OUI violation, many will seek to restore their driving privileges either in a limited or unrestricted capacity through the RMV. There are several factors a Registry Hearings Officer will look at to make a restoration decision, and one of those key factors is whether the driver has successfully dealt with the underlying cause of the OUI.
In other words, they look to see if an individual has sought alcohol or drug use education by an approved provider.
For a limited, hardship license –also called a Cinderella license, the hearing officer will also look at many other factors that include whether you can successfully document the need to drive a vehicle v. taking public transportation; if there is any evidence that you had been driving during your suspension; whether your alcohol education or treatment program reports you are low-risk for repeating, as well as other very specific certifications and requirements.
Don’t Risk It …
Driving on a suspended license is a criminal offense. If your DL has been revoked or suspended for any reason, you cannot drive in Massachusetts or anywhere else. Instead of risking criminal fines and possible jail time, get your rights to operate restored legally with our help.
Hardship and conditional licenses are not a guaranteed right. To ensure the best opportunity for approval and restoration of your driving privileges, consult with Attorney Greg Oberhauser today. Oberhauser Law will help you navigate the best possible course to reinstating your license, restoring your operating privileges and getting you back on the road.