William D. Kickham
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Common Questions and Answers

What is a Hardship License?

A hardship license (also know as a work license, limited license, “Cinderella license,” or day license) is a license that limits the individual's driving to 12 hours a day for going to and from work. It is allowed for those with revoked licenses due to a conviction or dispensation related to operating a vehicle while under the influence of alcohol or drugs, and other driving-related offenses in Massachusetts. The Massachusetts RMV (Registry of Motor Vehicles) requires a suspension period before a person can apply for a hardship license. This time period can vary depending on why the person was suspended.

Can I Get a Hardship License or Work License?

A person needs to complete a hardship license application and needs to provide the required documentation and other paperwork demonstrating that the individual is eligible for the license, and then the individual is subject to a hearing in front of a Registry Hearings Officer. The hearing officers then determines if a Massachusetts hardship license should be granted, based on a number of factors, depending on whether the matter involved OUI offenses, drug offenses, or if the person is a Habitual Traffic Offender. An experienced Massachusetts OUI attorney representing you at an RMV hearing will be of help in obtaining a hardship license. Don’t go it alone. contact us for a free consultation on how we can assist you in securing a Hardship License.

If I refuse to take a Breathalyzer test, what are the penalties and what happens?

In Massachusetts, if you refuse a breath or blood test your license will be suspended for 180 days for the first offense, three (3) years for a second offense, five (5) years for a third offense, and lifetime suspension for a fourth (4th) offense. The police department arresting you will confiscate your Massachusetts Drivers License at the scene of the arrest, and issue you a 15-day temporary license, unless your license is from a state other than Massachusetts. The 15-day period will commence 12 hours after your arrest.

Can I get a work license after the 15-day temporary license has expired?

No. A person who refuses or fails a breath test is not eligible for a work license. Under some circumstances, if you can get enrolled in the First Offender “24D Program,” there is a possibility you may receive a hardship license. Absent this, however, the answer is no. Once your refusal suspension has expired, you are eligible to get your full license back for a reinstatement fee (see below) regardless of whether your case is till pending in court.

If I take the breath (or blood) test and I fail it, what happens then?

If you fail the test, your license will be suspended for thirty (30) days, regardless of prior offenses.

Will I have a criminal record?

After arraignment, the offense will be part of your permanent record. Of course, if you contest the charges and are acquitted (win) your record will state either "Not Guilty" or "Dismissal," and, should you have future criminal proceedings, this incident cannot be used against you.

What is a First Offender or “24D Program”?

It is an alternative sentencing disposition, only possible for persons charged with a First Offense. It consists of a 16-week alcohol education program, paid for by the defendant (approximately $600.00).

What is a “CWOF”?

This is a plea, and stands for “Continued Without A Finding”. This plea is not an admission of guilt, but it doesn’t necessarily deny that the person is guilty, either. This plea is used at times for a person's first offense, or perhaps if the prosecution feels they may lose, should the case go to trial. A CWOF is not a conviction, but the court will “continue” the case for a fixed time period, followed by dismissal of the case. However, a CWOF can be used as a first offense, in cases of DUI / OUI. In cases such as this, an additional offense will be considered a second offense, and will be accompanied by additional penalties.

If I decide to go to trial, will I have to take the stand and testify?

No. It is your constitutional right to refuse to be a witness against yourself. More so, we rarely advise our clients to take the stand, as we are usually able to create reasonable doubt in the prosecution’s case.

By now you can see, the laws governing DUI / OUI in Massachusetts are very complex and can be difficult to understand. The above information should answer your initial concerns and questions, but we’re sure you have more. If you or someone you know has been arrested for DUI / OUI, contact us for a free consultation. Many of your questions can only be answered once we know the particular facts surrounding your situation and arrest. We can help you get your life back together, or at least minimize the damage involved from this event.

Client Reviews
When I was arrested for DUI, I was absolutely terrified. Had it not been for you, I might have been convicted of something I was not at all guilty of. My work life, my family life, my reputation, all could have been destroyed. You stood by me like the legal version of a bodyguard - and because of you, I was found not guilty. G.M.
When we got the call that our son had been arrested and charged with rape, we almost fainted. We know our son. He is not violent; he has never abused anyone, let alone another girl… If not for you and your "take no prisoners" attitude, our son might have been convicted of a crime that would have sent him to state prison. As far as we're concerned, our son owes you his life, and we owe you the world. We will never forget you. A.H. and P.H.
I hired Mr. William D. Kickham for a very important legal issue and I was extremely satisfied by the results. His in depth knowledge about the matter and his intelligent thinking was extremely beneficial. He is really an expert. He was also very supportive and sensitive towards my concerns. It was great to have a lawyer of his capacity. Thanks William for all the Help. N.G.
Atty. Kickham defended me on a charge of raping my girlfriend, who made up the whole story out of revenge because I was interested in someone else. If it weren’t for Attorney Kickham proving me innocent, God knows what might have happened to me. Z.B.
Mr. Kickham represented me on a trumped-up charge of domestic violence. The prosecutor and police wouldn’t back down, even after my spouse told them it was all untrue. They insisted on taking me to trial, and Mr. Kickham never wavered. He was my legal bodyguard, and I was found not guilty. M.B.
Of the many talents Atty. Kickham has, two are these: 1) He is ten times as persuasive as the best lawyer you’ve seen in the movies; and 2) Nothing - but nothing - gets by him. The police arrested me on completely false drug charges, and after a heated courtroom battle, Atty. Kickham won the day. Trust me, it was no surprise. D.C.
Because I mildly disciplined my child for throwing a tantrum, I was actually charged with child abuse. It was horrifying. Atty. Kickham fought for me tooth and nail, until I was declared not guilty. One hell of a lawyer. D.D.
I complimented a co-worker on her looks and patted her on the back as I did so. Two hours later, the police showed up and accused me of indecent assault & battery. From the day I hired him, Atty. Kickham fought the DA’s office until the charges were dropped. If not for him, my life would have been ruined. A.K.