Dallas Fort Worth Occupational
Driver's License Lawyer
If your License Has Been Suspended and You Need to Drive
For many Texans arrested or convicted of DWI, drug possession, and other crimes, their privilege to drive in Texas may be suspended for anywhere from as few as ninety days to several years. If they are caught operating a motor vehicle, they may be re-arrested and charged with another crime. However, long the suspension, for many there is a solution until the solution is lifted may be an Occupational License.
You may verify your current license status here.
Petition for an Occupational Driver's License in Texas
An occupational driver's license is a court order issued to allow a person who has demonstrated an essential need to operate a motor vehicle. They are governed by Subchapter L of Chapter 521 of the Texas Transportation Code.
What Is Essential Need?
To be granted an occupational license, the petitioner (driver) must demonstrate that they have an essential "Essential need" for the operation of a motor vehicle:
An Occupational License Cannot be Granted for a Commercial Driver's License
Where is an Occupational License Filed?
In most cases, if the license is suspended for conviction of a crime n occupational license by filing a verified petition with the clerk of the county court or district court in which the person was convicted. For many other types of suspensions (including Administrative License Revocations (ALR)), it may be filed in the county in which the person resides.
The clerk charges a filing fee of several hundred dollars or more. After filing, if the suspension relates to a DWI or related offense, or crime committed by a minor, the attorney for the State of Texas is entitled to notice of the filing and hearing and present evidence against granting the petition.
What Happens at the Hearing?
The judge may hear evidence but must sign an order finding whether an essential need exists. In doing so, the judge considers the person's driving record and any evidence presented in opposition. If the judge determines there is an essential need, then the Court must determine the actual need and require the applicant to present evidence of financial responsibility.
When the Court Grants the Occupational License
When the court grants the occupational license a copy of the petition and order must be sent to the Texas Department of Public Safety, an SR-22 must be on file and reinstatement fees paid. The DPS will then issue the license.
A Court can impose additional conditions on the occupational license beyond the times and places ordered.
Conditions That May Be Imposed on an Occupational License
A court granting an occupational license, and in some instances the DPS, may impose conditions upon it, including, but not limited to:
The Court may change the conditions as required or revoke the license for non-compliance or other good cause.
It is a Class B misdemeanor to operate a motor vehicle in violation of the license or without a certified copy of the Order.
When Does A License Take Effect?
Ordinarily, an occupational license is effective upon issuance. However, for individuals with certain types of prior enforcement contact or convictions there may be a delay. Under TTC 521.251:
NEED AN OCCUPATIONAL LICENSE?
Seek Competent, Experienced Advice
Searching for a lawyer for an occupational license in Dallas Fort Worth? I am attorney Wayne A. Fowler and I have the skill and experience to help people in need obtain occupational licenses. I may be able to help you or at least give you a quick, free consultation to advise you of your rights. If your license has been suspended and you want to get it back, please do not hesitate to contact me.
Driver's License Lawyer
If your License Has Been Suspended and You Need to Drive
For many Texans arrested or convicted of DWI, drug possession, and other crimes, their privilege to drive in Texas may be suspended for anywhere from as few as ninety days to several years. If they are caught operating a motor vehicle, they may be re-arrested and charged with another crime. However, long the suspension, for many there is a solution until the solution is lifted may be an Occupational License.
You may verify your current license status here.
Petition for an Occupational Driver's License in Texas
An occupational driver's license is a court order issued to allow a person who has demonstrated an essential need to operate a motor vehicle. They are governed by Subchapter L of Chapter 521 of the Texas Transportation Code.
What Is Essential Need?
To be granted an occupational license, the petitioner (driver) must demonstrate that they have an essential "Essential need" for the operation of a motor vehicle:
- In the performance of an occupation or trade or for transportation to and from the place at which the person practices the person's occupation or trade;
- for transportation to and from an educational facility in which the person is enrolled; or
- In the performance of essential household duties.
An Occupational License Cannot be Granted for a Commercial Driver's License
Where is an Occupational License Filed?
In most cases, if the license is suspended for conviction of a crime n occupational license by filing a verified petition with the clerk of the county court or district court in which the person was convicted. For many other types of suspensions (including Administrative License Revocations (ALR)), it may be filed in the county in which the person resides.
The clerk charges a filing fee of several hundred dollars or more. After filing, if the suspension relates to a DWI or related offense, or crime committed by a minor, the attorney for the State of Texas is entitled to notice of the filing and hearing and present evidence against granting the petition.
What Happens at the Hearing?
The judge may hear evidence but must sign an order finding whether an essential need exists. In doing so, the judge considers the person's driving record and any evidence presented in opposition. If the judge determines there is an essential need, then the Court must determine the actual need and require the applicant to present evidence of financial responsibility.
When the Court Grants the Occupational License
When the court grants the occupational license a copy of the petition and order must be sent to the Texas Department of Public Safety, an SR-22 must be on file and reinstatement fees paid. The DPS will then issue the license.
A Court can impose additional conditions on the occupational license beyond the times and places ordered.
Conditions That May Be Imposed on an Occupational License
A court granting an occupational license, and in some instances the DPS, may impose conditions upon it, including, but not limited to:
- The installation of an ignition interlock device
- Supervision by a local probation department
- Drug & Alcohol testing
- Counseling or treatment for drug or alcohol abuse
The Court may change the conditions as required or revoke the license for non-compliance or other good cause.
It is a Class B misdemeanor to operate a motor vehicle in violation of the license or without a certified copy of the Order.
When Does A License Take Effect?
Ordinarily, an occupational license is effective upon issuance. However, for individuals with certain types of prior enforcement contact or convictions there may be a delay. Under TTC 521.251:
- If the person's driver's license has been suspended as a result of an alcohol-related or drug-related enforcement contact during the five years preceding the date of the person's arrest, the order may not take effect before the 91st day after the effective date of the suspension.
- If the person's driver's license has been suspended as a result of a conviction under Section 49.04, 49.07, or 49.08, Penal Code, during the five years preceding the date of the person's arrest, the order may not take effect before the 181st day after the effective date of the suspension.
- If the person's driver's license has been suspended as a result of a second or subsequent conviction under Section 49.04, 49.07, or 49.08, Penal Code, committed within five years of the date on which the most recent preceding offense was committed, an order granting the person an occupational license may not take effect before the first anniversary of the effective date of the suspension.
NEED AN OCCUPATIONAL LICENSE?
Seek Competent, Experienced Advice
Searching for a lawyer for an occupational license in Dallas Fort Worth? I am attorney Wayne A. Fowler and I have the skill and experience to help people in need obtain occupational licenses. I may be able to help you or at least give you a quick, free consultation to advise you of your rights. If your license has been suspended and you want to get it back, please do not hesitate to contact me.