Massachusetts RMV Hearing Attorneys

Driving in Massachusetts is a privilege authorized by the Massachusetts Registry of Motor Vehicles (RMV).  However, that privilege shouldn't be taken for granted, as the RMV can take away your driving privileges - either through a temporary suspension or permanent revocation.

At first look, if you are convicted of a major motor vehicle criminal offense (stealing a motor vehicle, leaving the scene of an accident, motor vehicle homicide, etc.) you're going to lose your driver's license for a minimum of a year, and in many cases even longer.

Additionally, the RMV will automatically suspend or revoke your right to drive if you violate the Fake ID Law, or are involved in other matters relating to:

• Criminal Drug Charges - If you've been convicted of possession, possession with the intent to distribute, drug trafficking, prescription drug charges, or school zone enhancements, the RMV will take your driver's license away.  Learn More

• Operating Under the Influence of Alcohol (OUI) - With enhanced penalties and administrative sanctions for OUI offenders in Massachusetts, the RMV will suspend your driving privileges under several different circumstances.  Learn More


• Numerous Motor Vehicle Offenses - The RMV tracks "Surchargeable Events" which are defined as At-Fault Accidents, traffic law violations, or insurance claims.  If the RMV determines you have exceeded your limit, you will have your driver's license suspended or revoked.  Learn More

These administrative hearings are very technical, and you have slim chances of winning without legal help.  The Registry of Motor Vehicles does not care if you need to drive to get to work or to school - but the attorneys at The Massachusetts Criminal Defense Group do.  Call us for a case evaluation at (800) 461-6900.

Notwithstanding a loss of license, you may still apply for a "Hardship License."  These licenses are not automatically granted.  The RMV considers it "extraordinary relief," and you must present a convincing case in order to get one, such as having no availability for the MBTA, or any other public transportation, or another means of getting to work or medical appointments.  The Hearing Officer must balance your own need to drive against the public safety risk that you pose to the general public.

The Registry will require you to provide a letter from you employer, on letterhead, which cannot be more than 30 days old.  If you are self-employed, there are separate requirements.  The letter must state why you need a Hardship License, what your work hours are, etc.  Our RMV Hearing Attorneys can help you with the specifics regarding the letter.

How Our
RMV Hearing Attorneys Can Help

Our criminal defense attorneys fight the battle everyday, on a non-stop basis - in court, at the RMV, and before Hearing Boards.  We are in the trenches every day, most often dealing with some of the same Hearing Officers and judges who will be making the decisions related to your matter.

Our attorneys have learned how the system works, but we have also seen that defendants not represented by an attorney don't know the process and cannot effectively represent their interests when they are being charged.

For a low flat-fee, we will either counsel you as to how to proceed, or represent you and work toward eliminating or minimizing the charges against you.  Learn more on our fees page or call us at (800) 461-6900.

Massachusetts RMV Drug Hearings

As indicated above, the RMV has the authority to take away both your driving privileges and Massachusetts driver's license if you are convicted on a drug offense pursuant to Massachusetts G.L. C90 §1.

A conviction of any drug crime, such as the simplest possession of marijuana charge, results in a loss of a Massachusetts Driver's License.  The length of loss of license depends on the class of drug involved and the seriousness of the crime.  Our RMV Hearing Attorneys can help you with the specifics, along with advising you on whether you would meet the requirements for a Hardship License through the 94C Drug Offense Hardship policies.

You are eligible to apply for Hardship License after you have served half the term of your suspension.  Even though there are times you may receive your license sooner, you or your RMV Hearings Attorney would need to stand before the Board of Appeal.

Additionally, you must offer documented proof to the RMV that you are in compliance with all aspects of the terms of your probation and prove that you have completed the proper drug treatment program, including up to five different clean urine screens over the past three months.

Under certain circumstances, you may be able to get a hardship license sooner from the RMV's Board of Appeal.  You must have proof of completion of the proper drug treatment program as well as documentation of three clean urine screens. The clean urine screenings must be from the three months preceding the Hardship License Hearing.

Defending Our Clients at RMV Hearings

Our RMV Attorneys will represent you at your RMV Hearing and help you restore your driving privileges.  Many people are confused by the process - it can be difficult to understand, and when you add the element of the RMV's unfettered discretion, it can make it a living nightmare!

When we assist clients at the RMV, life gets easier.  We know the officers, and our reputation works to the advantage of many of our clients.  For a no-obligation consultation relating to your RMV needs, call us at (800) 461-6900 or contact us online.

Massachusetts RMV OUI Suspension Hearings

If you are arrested for drunk driving, you may be asked to take a breath test.  The legal blood alcohol content (BAC) for adult drivers is .08, however Under-21 drivers will face license suspension for BAC as low as .02.

If you fail the test, your license will be suspended for 30 days.  If you refuse the test, your license will be suspended for a minimum of six months.

The fees for a drunk driving arrest in Massachusetts are high.  When you add the costs for the towing fee (your car will be towed and impounded), storage, the bail fee, minimum conviction fine, Victim Witness fee, license reinstatement fee, along with the surcharges and other costs such as alcohol education, court costs, and probation fees, most top the $3,000 mark.  When you include the cost of a DUI Defense Attorney, you're well into the $6,000-$7,500 range (based on whether you're a first-time offender or repeat offender).

As indicated above, even if your license was suspended you may qualify for a Hardship License through the 24D program.  Even still, there is no "right" to a Hardship License.  You must provide extenuating circumstances including, but not limited to, unavailability of public transportation to your job.  And if you have a Commercial Driver's License, there is less flexibility.  You will not likely be provided with an opportunity to drive at all - hardship or not.

Ignition Interlock Device Violations

After Melanie's Law went into effect in 2005, the requirement became that, should you be granted a Hardship License, or upon reinstatement of your driver's license, an Ignition Interlock Device (IID) must be installed on each vehicle that you own, lease, or operate.  This is a mechanism, like a breathalyzer, installed to a motor vehicle's dashboard.  Before the motor can be started, the driver must first exhale into the device.  If the resulting breath-alcohol concentration analyzed is greater than the allowed limit, the device prevents the engine from being started.

As if getting arrested for a Massachusetts OUI weren't enough, you can - once again - lose your driving privileges for IID offenses such as missing a rolling re-test, failing a rolling re-test with a BAC between a .02 and .05, missing a monthly service appointment, tampering with the IID, removing the IID without authorization, or by operating a vehicle not equipped with an IID.

"I Wasn't Drunk - It Had Been Hours Since My Last Drink!"

Breathalyzer tests aren't always accurate and field sobriety tests are often administered improperly on the part of the administering officer.  This isn't anything that the Registry of Motor Vehicles can address.  So long as there is an OUI-related matter before tham, they have complete control of your Massachusetts driver's license.

Defending Our Clients at RMV Hearings

When you're charged with drunk driving, you're actually being prosecuted twice. First, you're charged with the crime of OUI in the criminal courts.  Second, the Registry of Motor Vehicles prosecutes you in an administrative proceeding presided over by one person who is both Judge and Prosecutor.  The RMV Hearing Officer wants to take your driver's license away for a minimum of 30 days, but we can help.

Many people think that if they failed their breathalyzer test, or if they refused to take it, that they will automatically have their driver's license suspended or revoked.  This is not true.  There are numerous technical defense strategies.  Call our Massachusetts RMV Hearing Attorneys today at (800) 461-6900, or for an in-depth look at Massachusetts OUI Law, go to our sister firm, The Massachusetts DUI Defense Group.

Massachusetts RMV Hearing Attorneys
Surchargeable Events

The Massachusetts Registry of Motor Vehicles (RMV) is an administrative agency that regulates and controls vehicle operator licensing.  The RMV has the power to suspend your driver's license for a variety of reasons; some are mandatory, and others are discretionary.

Having your license suspended or revoked as a punishment for motor vehicle offenses may seem a bit harsh, but it can happen a lot more easily than you might think.  Like most states, Massachusetts counts "surchargeable" events, such as what it deems to be an at-fault accident, traffic law violation, or insurance coverage claim.  If the RMV determines that you have incurred more surchargeable events, or points, within a specific period of time, under MGL C 175 §113B, they will automatically suspend your Massachusetts driver's license.

• If you receive three speeding violations within a year, your license will be temporarily suspended;


• If you have five surchargeable events within the past three years, you're in trouble and may lose your license if you don't comply with the requirement that you participate in and complete a driver's education program.  If you fail to provide to the Registry proof of completion of the driver education program within 90 days after the Registry mails you notice of the requirement, your license will be suspended; and


• When you reach 7 surchargeable incidents during any three year period, the Massachusetts Registry will suspend your license or right to operate a motor vehicle in Massachusetts for 60 days.

What's worse is getting caught driving on a suspended license.  In that case, you may face an immediate arrest and jail time.

Need Help at the Massachusetts Registry?
Remember These Five Words:
The Massachusetts Criminal Defense Group

Our criminal defense attorneys fight the battle on a non-stop basis everyday - in court, at the RMV, and Hearing Boards.  We are in the trenches every day, most often dealing with some of the same Hearing Officers and judges who will be making the decisions related to your matter.

Our attorneys have learned how the system works, but we have also seen that defendants not represented by an attorney don't know the process and cannot effectively represent their interests when they are being charged.

For a low flat-fee, we will either counsel you as to how to proceed or represent you and work toward eliminating the charges against you.  Learn more about our firm, our fees, or call just one number:  (800) 461-6900.