occupational driver license

Occupational Licenses in Texas

FAQs about Occupational Driver Licenses in Texas

A driver license suspension is a collateral consequence that can stem from a DWI arrest or conviction, or a conviction on a drug case. Our attorneys regularly help individuals obtain occupational licenses so they can legally drive after their license has been suspended. (You may hear these referred to as Essential Needs Licenses, but you are no longer required to prove an essential need in Texas.) In most cases, we are able to obtain the Occupational License without the client showing up to court.

What is an occupational driver license in Texas?

An occupational driver license or “occupational license” is a judicially-issued permit to drive a vehicle in Texas after a person’s license has been suspended.

Why would I need an occupational license?

Licenses are commonly suspended for refusing to provide a breath or blood specimen after being arrested for suspicion of DWI, for providing a specimen over the legal limit, or for being convicted of DWI or possession of drugs.  An occupational driver’s license would allow you to drive after one of these events.

What is an ALR and can I save my license?

An ALR is an Administrative License Revocation. We have covered ALRs and the deadline to apply for an ALR hearing here. If DPS prevails at the ALR hearing, as it commonly does in the North Texas area, you will want to apply for an occupational license.

Are all occupational licenses the same?

There are primarily two kinds of occupational licenses. Pre-conviction occupational licenses (also known as Occupational Driver’s Licenses, ODLs, or Essential Needs Licenses) and post-conviction occupational licenses.

Pre-conviction Occupational License

Pre-conviction occupational licenses are governed by Chapter 521, Subchapter L of the Transportation Code. Section 521.242 sets out the requirements for a petition for a pre-conviction occupational license. A pre-conviction occupational license is what many people think of as an “essential needs license” because Texas law requires that you set out the reasons you need the license and then receive approval from a civil court to drive your vehicle. Preconviction occupational licenses are obtained through civil courts such as County Courts at Law or Justice of the Peace Courts.

Requirements for a Pre-conviction Occupational License

Pre-conviction occupational licenses have a number restrictions and conditions. For instance, you will be required to obtain an SR-22 insurance policy. SR-22 policies may be purchased as standalone policies or as riders to existing policies. (We recommend you get a standalone policy from someone other than your primary carrier.) Another condition of a pre-conviction occupational license stemming from a DWI contact is that a person must install and maintain an ignition interlock device on their vehicle. You will have to maintain a logbook that charts your destination each time you drive.

Disqualifications for a Pre-conviction Occupational License

If you have had your license suspended because of an alcohol or drug-related enforcement contact within the 5 years preceding the date of your current arrest, then your occupational license will not take effect until the 91st day after the effective date of suspension. Some people refer to this as a “90-day hard suspension.” See Transportation Code 521.251. Transportation Code Section 524.011 broadly defines contact to include convictions, test refusals, and failed tests. You will be disqualified from obtaining a pre-conviction occupational license if you have been issued two occupational licenses in the last 10 years. Similarly, if you have had an occupation. You cannot get an occupational license if you lost your license due to a mental or physical disability, failure to pay child support, or to drive a commercial vehicle. If you are under the age of 21, you will have a 30-day hard suspension.

Post-Conviction Occupational Licenses

Post-conviction occupational licenses are very different from pre-conviction occupational licenses. Unlike pre-conviction occupational license, the statutory authority for post-conviction occupational licenses comes from Article 42.12 Section 13 (o) of the Code of Criminal Procedure. Post-conviction occupational licenses are filed in the criminal court in which the person was convicted of an intoxication-related offense.

What are the conditions required for a post-conviction Occupational License?

The applicant must have proof of financial responsibility and proof of an interlock. You must maintain the interlock device for the entire period of suspension,

What is a “permanent” Occupational License?

After an occupational license is signed by a judge, a copy of the license must be sent to DPS. DPS will issue a “permanent” Occupational license. The temporary occupational license is valid for 45 day after the date it was signed, by which time you should have you permanent occupational license. See Transportation Code 521.249.

What happens after my license suspension is over?

You may get your license reinstated by paying a $100 or $125 (depending on the reason of your suspension) directly to DPS. DPS will reissue your driver’s license.

Can I get an occupational license to drive a commercial vehicle?

No. You cannot get an occupational license to drive a commercial vehicle in Texas.

How long is an occupational license good for?

An occupational license usually lasts for the duration of the suspension, although licenses may have to be renewed annually.

Common License Supension Periods in Texas

About the Author
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Benson Varghese

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Benson Varghese is the Managing Partner of Varghese Summersett PLLC. He is a state and federal practitioner who has handled thousands criminal cases and taken over 100 cases to trial by jury. Benson is frequently called upon to handle cases that require a high degree of knowledge in technology, scientific evidence, forensic evidence, as well as serious intoxication cases. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.

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