Obtaining an Occupational Driving License
Once your ALR hearing has been conducted and if the decision from the Judge at the State Office of Administrative Hearings (SOAH) results in an order for DPS to suspend your driving privileges, you may be eligible to petition for an Occupational Driver's License (ODL). This would allow you driving privileges during the suspension period, with some additional restrictions imposed. Examples of the restrictions are that you may not drive more than 12 hours in any 24-hour period, you may only drive to and from work and in the performance of your job or to and from school, and for "essential needs" such as trips to the grocery store, medical appointments, and court ordered appearances. To read about license suspension periods for a DWI case, please click here.
In order to file a Petition for an Occupational Driver's License, the following items will be what you need to bring, but may not be limited to, what you will need to provide our office with to successfully file the petition in order to get the Order granted:
1) A certified copy of your complete driver's license record/history (you can obtain this from the DPS website on-line). If you have any previous arrests, convictions, ODL's, license suspensions, etc., you must provide a Certified Abstract of Driving Record ("AOR"). Please allow for 10-14 days to receive your driving record from DPS;
2) A copy of your SR-22 insurance, which you must obtain from an insurance company (contact our office if you need suggestions on an insurance company that can help provide an SR-22, IT IS HIGHLY ADVISABLE TO NOT USE OUR CURRENT AND EXISTING AUTO INSURANCE CARRIER WHEN PURCHASING THIS NEW POLICY);
3) Signed Verification Form (our office will provide this to you to sign and return);
4) If your employer is aware of the situation and you must drive as part of your employment, you will need to provide a letter from your employer (on their letterhead) stating your position there and the hours you need to drive for employment reasons; OR a letter from you stating reasons that you are petitioning for an occupational driver's license (ex: to drive to/from work, to/from school, and state your typical activities or schedule that requires you to drive).
5) You will also need to make a detailed list of your preferred driving times (ex: 8am-8pm; not to exceed 12 hours) and the exact counties you will be needing to drive in for your "essential needs." In addition, please state your employer's address and your position with that company, and the specific reason for why you would need to drive in those areas and counties;
6) Filing Fee paid directly to the Court in the county where the occupational driving license is filed. These fees are subject to change and are separate from any legal fees paid for services rendered by the attorney in helping to gain the occupational license;
7) Once the "ODL" has been signed by the Judge it needs to be filed with DPS before it is valid. You have 30 days after the "ODL" is signed by the Judge to file it with DPS. A reinstatement fee and an ODL filing fee is required and will need to be paid DIRECTLY to DPS upon filing your ODL. Again, the fees payable to DPS are separate from your legal fees.
PLEASE NOTE: SHOULD YOU CHOOSE NOT TO GET YOUR OCCUPATIONAL DRIVER'S LICENSE AND YOU DRIVE AND ARE PULLED OVER, YOU MAY BE ARRESTED AND CHARGED WITH A CLASS B MISDEMEANOR CHARGE OF DRIVING WHILE LICENSE INVALID (DWLI).
If you are looking for an exceptionally trained and educated, Texas DWI Defense Attorney to aggressively represent you on your DWI charge (or for any criminal matter), call 214.702.CARL (2275) to speak with Carl or another representative of his firm now.