Occupational Driver's License | Plano Criminal Defense Attorney, Dallas Criminal Lawyer

WHY YOU MAY NEED AN OCCUPATIONAL DRIVER'S LICENSE

An arrest for DWI can lead to suspension of your driver's license under two circumstances 1) ALR suspension as a result of refusing to take or failing a breath/blood test; 2) consequence of criminal conviction for DWI.

If you drive while your license is under suspension, you may be charged with Driving While License Suspended, a misdemeanor. If you do so while on probation for your DWI offense, you risk having your probation revoked.

WHAT IS AN OCCUPATIONAL DRIVER'S LICENSE?

An occupational driver's license is a restricted license issued by DPS which allows you to drive to and from work, school and in the performance of necessary household duties during the period of suspension. The license may limit the times you are allowed to drive to specified hours, counties or roadways. Alternatively, the court may authorize you to keep a log detailing your driving activities which can be inspected to ensure that your driving does not exceed what the judge has authorized.

HOW TO OBTAIN AN OCCUPATIONAL DRIVER'S LICENSE

You must file a verified petition requesting the court to grant you an occupational driver's license. The petition is filed in the county where the offense occurred or where you live if the suspension is as a result of an ALR suspension. If your license is suspended following a conviction for DWI you must file in the court which ordered the suspension. As this is actually a civil lawsuit, a filing fee (approximately $160.00) must be paid to the court clerk. A short time after the filing, your lawyer can obtain a court date for the purpose of explaining to the court why it is necessary for you to drive to and from work, school, church and in the performance of essential household duties. If the judge determines that you should be granted an occupational license, the judge will sign an order directing DPS to issue you an occupational license. Following the hearing your attorney will obtain a certified copy of the order which will serve as your occupational driver's license for a period of 30 days. The order must remain in your possession at all times while driving.

In order for DPS to issue the actual occupational license, which is a brown card, your lawyer must send DPS a certified copy of the order along with a reinstatement fee of $125.00, plus $10.00 for a driver's record, an SR-37 (data sheet) and an SR-22. At the end of the suspension period, DPS will issue you a driver's license.

NO RELIEF FOR COMMERCIAL DRIVER'S LICENSE (CDL) HOLDERS

Please note that an occupational driver's license will not permit you to operate a commercial vehicle.