An Act relative to hardship licenses for second offenders under the operating under the influence statute

194th Legislature (2025-2026) Introduced by Peter Durant

Allows second-offense OUI offenders to obtain a restricted hardship license with ignition interlock, limited to work or school, and requires proximity and education conditions.

Referred to the committee on Rules of the two branches, acting concurrently

Snapshot

Bill number: Senate Docket No. 3176 (SD 3176)

Title: An Act relative to hardship licenses for second offenders under the operating under the influence statute

Introduced: September 8, 2025

Filed date: September 4, 2025

Status: Referred to the Rules Committee of the two branches, acting concurrently

Sponsor/Request: Peter J. Durant (by request), petitioned by James Cooke

Purpose and intent

The bill adds a pathway for individuals convicted of a second offense of operating under the influence (OUI) to obtain a hardship license under specific conditions. The aim is to permit limited driving for those offenders, subject to safety requirements and restrictions, rather than permanent suspensions, while incentivizing participation in state alcohol/driving education programs.

Key provisions

Eligibility for a hardship license (second OUI offense): A person convicted of a second OUI may apply after successfully completing the Massachusetts Highway Safety Alcohol Driving Under the Influence of Liquor program.

Proximity restriction: The applicant must not reside within one-half mile of a public transportation access point (e.g., bus stop, subway, commuter rail station).

ignition interlock requirement: If granted a hardship license, the driver must install and maintain an ignition interlock device (IID) in every motor vehicle they own, lease, or operate, at the driver’s own expense. The IID must be approved by the registrar of the Massachusetts Registry of Motor Vehicles (RMV).

Limited driving scope: The hardship license would authorize travel only to and from the individual’s place of employment or educational institution.

Who would be affected

Primary beneficiaries: Individuals convicted of a second OUI offense in Massachusetts who are seeking a hardship license.

Conditions affecting eligibility: Residence near transit access points (excludes those living within 0.5 miles of a transit access point) and completion of the designated education program.

Financial impact: Applicants must bear the sole cost of the ignition interlock device installation and maintenance.

Procedural and timeline aspects

Legislative process: The bill has been referred to the Rules Committee of both chambers (acting concurrently), a typical step for general-court legislation before further committee action or floor consideration.

No explicit effective date: The text provided does not specify an enactment or phase-in date beyond passage and signing, if it advances.

Potential impact and considerations

Public safety: The IID requirement and restricted driving could mitigate risk posed by second offenders while enabling essential travel for work or schooling.

Access and equity: The proximity restriction may limit eligibility for individuals who live near transit but still wish to drive legally for authorized purposes.

Administrative implementation: The RMV would administer eligibility, IID approval, and enforcement, aligning with existing drunk-driving program frameworks.

Fiscal considerations: Cost to offenders for IID installation and ongoing maintenance is borne by the offender.

This bill proposes a targeted, conditional pathway to hardship licensure for a narrow subset of second-offense OUI offenders, balancing rehabilitation and public safety.

Bill