DWI > Occupational License
Houston DWI Occupational License Attorney
Attorney Representation in Houston, Texas since 1992
If you have been driving on a suspended driver's license because of a DWI conviction or too many tickets that you haven’t taken care of, stop it immediately. Don't make a bad situation worse by hoping that you don't get caught. A ninety day suspension can turn into a year or more.
An arrest for DWI can lead to suspension of your driver’s license under two circumstances:
- A suspension as a result of refusing to take or failing a breath and/or blood test
- it is the legal consequence of criminal conviction for Driving While Intoxicated (DWI)
If you have been suspended for either reason we may be able to help you get a work license — known as an occupational license — allowing you to commute to your job.
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 like grocery shopping and banking 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. We typically handle these licenses in Galveston, Harris, Brazoria and a few of the smaller counties in the area. Historically, although all the counties understand the client’s need for transportation Harris County remains the most restrictive. If we can figure out a way to legally file your request for an occupational in a county other than Harris it is always best.
Through the years, the Texas legislature and the Department of Public Safety (DPS) have made obtaining and retaining an occupational license an increasingly complicated and expensive affair. An occupational license is often referred to as an “essential needs license or restricted use permit” by DPS and the courts. The license is issued by a county or district court judge who orders the Department of Public Safety to allow you to drive at certain times of the day despite your DWI-related driver’s license suspension. Our skilled DWI attorney at Tad Nelson & Associates will be able to help you request an occupational throughout your suspension.
How to get an Occupational Driver’s License
First you must file a verified petition requesting the court to grant you an occupational driver’s license. The petition can be filed in the county where the offense occurred or where you live. As this is actually a civil lawsuit, a filing fee (approximately $202.00) 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. Sometimes, depending on the jurisdiction the judge may require your presence and sometimes not; it just depends on the Judge. 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, you or your lawyer must send DPS a certified copy of the order along with a reinstatement fee of $125.00, $10.00 occupational license fee, SR-37 (data sheet) and an SR-22. Most of the time this is done by the Clerk of the court, but it is always best to make sure it was done correctly. At the end of the suspension period, DPS will return your driver's license to you.
Limiting Vehicle Operation Hours • Occupational License Requirements
The request for an occupational license must state what essential needs you have for operating a motor vehicle. Currently, the law allows an issuing judge to permit you to drive for no more than 12 hours in a 24 hour period. Depending on the facts, and the law, however, the judge may limit your operation of your vehicle to fewer hours, or may require you to keep a driving log.
Liability Insurance Requirement
In order to receive an occupational license, you must meet the occupational license requirements of the Texas Motor Vehicle Safety Responsibility Act. First, you must have valid liability insurance. Further, you must file an SR-22 (obtained from your insurance agent) with the Department verifying you have met these minimum requirements. If you prefer not to notify your insurance agent of your DWI arrest, that’s fine, simply find a company that handles SR-22 insurance.
Alcohol Counseling / Ignition Interlock
An issuing judge may require you to attend alcohol counseling as a condition of your occupational license. It will not be the same counseling in your DWI case. You will probably be required to document your attendance at Alcoholics Anonymous. Depending on your history, and the facts, you also may need to equip your car with an ignition interlock device to prevent violation of your limitations. This usually is required for repeat offenders or very high breath tests.
Consequences of getting caught without a license
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.
Where can I drive with an Occupational 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. As long as the time is in the order you are fine, if it isn’t, you have problems!
Put a *Board-Certified Criminal Law Specialist and
Former Assistant District Attorney in Your Corner — Call (281) 280-0100
Our firm and DWI defense attorney Tad Nelson provide skilled legal representation and services to people throughout Galveston County and the Houston metro area. If you have been arrested for drunk driving and want to avoid the automatic license suspension that goes with that — call our League City law offices directly or contact us online today.
Drunk Driving Defense
If you have recently been arrested and charged with a DWI — our law firm may be able to help you avoid the harsh consequences of a conviction. As a former assistant district attorney, Tad Nelson understands how prosecutors approach these cases and the obstacles they have to overcome to convict. To learn more about our DWI defense practice, please see:
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*The Texas Board of Legal Specialization certifies attorneys in 20 specific areas of law; certification in any of these areas requires substantial demonstrated experience and skill, positive peer evaluations, ongoing legal education commitments, and the passage of a rigorous test.
