Occupational Driver’s License

Need a Lawyer to Apply for an Occupational Driver’s License in Fort Worth?

If you had your driver’s license suspended after a DWI, multiple traffic violations, or because you couldn’t pay expensive fines, you need an occupational license lawyer. While some people in metropolitan areas can easily get by without driving a vehicle, for most people in Texas life without a driver’s license seems impossible. How will you get to work without a driver’s license? How can you drive your kids to practice and pick them up from school? Losing your driver’s license because of a criminal conviction is a huge blow when you need to drive yourself to work or school. If you need to apply for an occupational license in Tarrant County, Dallas County, or Collin County, call The Hampton Criminal Defense Attorneys, PLLC to schedule a free consultation at 817-435-2909.

Driving with a suspended license in Texas is a huge risk; if you’re caught driving without a license the initial revocation period can be doubled and may also result in additional fees and penalties. Fortunately, many drivers who have had their driver’s license suspended may qualify for an occupational license, allowing them limited travel for specific purposes even while their license is still technically suspended. To drive legally without a driver’s license you need to get an occupational license.

Can I Get an Occupational Driver’s License?

If you are charged with a DWIThe thought of having your driver’s license suspended because of a DWI charge is grim because it imposes tough restrictions upon your ability to drive to work, pick up your children or even go to your local grocery store to purchase necessities.

If an occupational license is approved and signed by the judge, it would allow you to drive for 30 days from the date of the judge’s order. Once the certified order from the judge is processed, the Texas DPS will formally issue you an occupational driver’s license that will permit you to maintain your normal driving responsibilities.

How Does the Process for Obtaining an Occupational Driver’s License Work?

There are a few basic requirements that you must address before the Hampton Criminal Defense Attorneys, PLLC can seek to obtain an occupational driver’s license for you.

The most important requirement that you will need to fulfill before an occupational driver’s license can be obtained is an SR22 insurance policy. Once you have been arrested or convicted of a DWI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County you will be required to obtain an SR22 insurance policy. The SR22 insurance policy is a special policy designed for high-risk insurance recipients that is usually expensive, but necessary.

TIP: It is always a good idea to call around to other insurance carriers to shop the price of SR-22 insurance. You are not required to purchase the SR-22 insurance through your current insurance provider.

After obtaining an SR22 insurance policy, you will be required to pay the mandatory filing fees (approx. $140-$160), a reinstatement fee of approximately $100 and a license issuance fee of approximately $10. Once you have met these requirements, the Hampton Criminal Defense Attorneys, PLLC will be able to finalize the paperwork for your occupational driver’s license.

Once you have received your occupational driver’s license, the license will allow you to drive up to 12 hours a day and at a maximum of 6 days per week.

TIP: If you are stopped by a police officer while driving with an occupational driver’s license, the officer will likely want proof that you are complying with the hours specified in your order. For this reason, you may want to consider keeping a log book showing the specifics of your travel locations so that the police officer will not think that you are violating your occupational driver’s license restrictions.

What is an occupational license? 

An occupational license is a type of provisional driver’s license available to those charged with or convicted of certain driving-related offenses — most frequently DUI or reckless driving. This license will allow the holder to travel a fairly limited distance (or number of routes) to and from school, work, or places essential to the “performance of household duties,” from a child’s daycare to grocery stores or the post office. Traveling outside one’s route to a bar or friend’s house while holding only an occupational license can result in the revocation of the license or even additional charges.  In Tarrant County the maximum number of hours you can driver per day with an occupational license is four hours, but if their area special circumstances that require you to driver more you can ask for an exception or edit to the agreement.

Who is eligible for an occupational license in Texas?

An occupational license can be issued to just about anyone whose driver’s license has been suspended or revoked for certain criminal offenses (like driving under the influence) or for failure to pay certain fees or civil judgments. In most cases, the occupational license will be issued as soon as the application is processed (which can take a few days to a few weeks), but there are a few exceptions:

• Those whose licenses were suspended or revoked for an alcohol-related offense (like public intoxication) must wait 90 days from the time of application; and
• Those whose licenses were suspended or revoked for an intoxication conviction (like DUI) must wait 180 days from the time of application before an occupational license may be issued.

In addition, those who have had their license administratively suspended at least twice (for unpaid child support, unpaid auto registration, being involved in an auto accident without valid insurance, or other non-criminal offenses) will undergo a waiting period of one year after application

Occupational licenses are also available only to those who drive passenger vehicles — someone who holds a commercial driver’s license (CDL) won’t be able to have an occupational CDL issued, but will need to wait until the conclusion of any criminal sentence before seeking reinstatement of this specialized commercial license. However, a CDL holder should be able to have an occupational license issued to travel to or from the main trucking hub or to other necessary destinations in their own non-commercial vehicle.

How do I Get an Occupational License? 

The first thing you need to do to is contact an occupational license lawyer who knows how, where, and what to file. We can help you with that. Although the statutes governing the issuance of an occupational license are fairly simple and straightforward, the application process can be anything but. Your best bet is to seek the help of an attorney familiar with the county’s processes and procedures.

For example, to apply for an occupational license in Tarrant County you’ll need to provide at least the following to the county clerk:

• An affidavit including information like your driver’s license number, the circumstances of the suspension, and the reasons an occupational license should be granted;
• An ignition interlock device (if you have had a prior DUI conviction and one is not already installed on your vehicle);
• A formal petition to the Tarrant County Criminal District Attorney’s Office (Civil Division), separate from the affidavit; and
• A copy of the draft order to be issued by the court.

Depending upon the circumstances of your license suspension, you may need to submit additional information and documentation in support of your request, which is one of many factors making legal representation essential.

Once I Get an Occupation License, What Restriction Do I Have?

After obtaining an occupational license, there are quite a few restrictions that prohibit certain activities. Some of the things you cannot do if driving with an occupational license in Tarrant County include:

• Use a Radar Detector or Laser Detector
• Refuse a Breathalyzer or Blood Test for Alcohol or Drugs
• Consume Any Alcohol Before Driving
• Get a Traffic Ticket for Speeding or Other Moving Violation
• Drive Without Liability Insurance Coverage
• Miss Alcohol Counseling Classes or Regular Reports to Court

Contact an Occupational License Attorney Now

Call The Hampton Criminal Defense Attorneys, PLLC, P.L.L.C. today to schedule a free consultation. We will discuss your situation and determine whether you are eligible to apply for an occupational license after a DWI or other violation. Call 817-435-2909 now or request an appointment online now.

How Long Will I Have to Drive With an Occupational Driver’s License?

If you were arrested for a DWI and then had your license suspended at your ALR hearing, the length of your suspension will be determined by whether you refused a breath or blood test or whether you failed a blood or breath test by registering a blood alcohol content of .08 or higher.

• If you have had no alcohol or drug-related law enforcement contact within the last 10 years (calculated from the date of your arrest) and you submitted to a blood or breath test and registered a blood alcohol content of .08 or higher, your driver’s license will be suspended for a period of 90 days.
• If you have had no alcohol or drug-related law enforcement contact within the last 10 years (calculated from the date of your arrest) and you REFUSED to submit to a blood or breath test, your driver’s license will be suspended for a period of 180 days.
• If you have had at least one alcohol or drug-related law enforcement contact within the last 10 years (calculated from the date of your arrest) and you submitted to a blood or breath test and registered a blood alcohol content of .08 or higher, your driver’s license will be suspended for a period of 1 year.
• If you have had at least one alcohol or drug-related law enforcement contact within the last 10 years (calculated from the date of your arrest) and you REFUSED to submit to a blood or breath test, your driver’s license will be suspended for a period of 2 years.

Additionally, if you have been arrested for a DWI 2nd or a Felony DWI, Texas Transportation Code § 521.251 will look to see how much time has elapsed since your current DWI arrest and your previous DWI arrest. In other words, if your current DWI is your 2nd or you were charged with a Felony DWI within 5 years of your last DWI arrest, the law will not allow your occupational license to take effect before the 1st anniversary of the effective date of the suspension.

Can A Minor With a Suspended License for Underage DUI Get an Occupational License in Texas?

In some cases, yes. If you or your minor child have been arrested for a DUI, the length of driver’s license suspension is determined by whether you refused a breath or blood test, failed a blood or breath test by registering a blood alcohol content of .08 or higher or if there was a detectable odor of alcohol.

• If the minor charged has no prior alcohol-related convictions and you submitted to a blood or breath test and registered a blood alcohol content of .08 or higher OR there was a detectable odor of alcohol involved in your DUI arrest, your driver’s license will be suspended for a period of 60 days.
• If you or your minor child have had 1 prior alcohol-related conviction and you submitted to a blood or breath test and registered a blood alcohol content of .08 or higher OR there was a detectable odor of alcohol involved in your DUI arrest, your driver’s license will be suspended for a period of 120 days.
• If the minor charged with DUI had 2 or more prior alcohol-related convictions and you submitted to a blood or breath test and registered a blood alcohol content of .08 or higher OR there was a detectable odor of alcohol involved in your DUI arrest, your driver’s license will be suspended for a period of 180 days.
• If you have had no prior alcohol or drug-related law enforcement contact within the last 10 years (calculated from the date of your arrest) and you REFUSED to submit to a blood or breath test, your driver’s license will be suspended for a period of 180 days.
• If you have had at least one alcohol or drug-related law enforcement contact within the last 10 years (calculated from the date of your arrest) and you REFUSED to submit to a blood or breath test, your driver’s license will be suspended for a period of 2 years.

Notwithstanding the stated periods of suspension for minors involved in a DUI (listed above), Tex. Transp. Code § 524.022 provides that a minor that has received a license suspension arising out of a DUI is NOT eligible for an occupational license for the first 30 days of a 60 day suspension, for the first 90 days of a 120 day suspension and a minor will not be eligible for an occupational license if a 180 day suspension is assessed.

Hire a Lawyer to Get an Occupational License

Here at the Hampton Criminal Defense Attorneys, PLLC, we understand that the rules regarding the eligibility and requesting of a DWI or DUI occupational driver’s license can be complicated and overwhelming. Call the occupational license lawyers at The Hampton Criminal Defense Attorneys, PLLC today at 817-435-2909 to schedule a free consultation.