Austin Occupational Driver's License Attorneys

Understanding the importance and process of obtaining an occupational driver's license (ODL) in Texas is important following a license suspension. Losing your driving privileges can significantly impact your daily life, from getting to work to fulfilling essential household duties. Seeking an occupational driver's license can be an effective temporary solution to many of your travel-related concerns, allowing you to maintain a semblance of normalcy and fulfill your responsibilities. 

What Is An Occupational Driver License?

An occupational driver's license, often referred to as an essential need license, is a special type of restricted license. This license is issued in Texas when someone’s regular driver's license has been revoked, denied, or suspended for certain offenses, excluding cases related to medical reasons or past due child support. 

If you receive this kind of restricted license, it will authorize you to operate a non-commercial motor vehicle for specific purposes: work, essential household duties, or school-related activities. It's important to note that this license cannot be used for commercial driving purposes. 

Applying For An ODL

Securing an ODL begins with obtaining a court order that authorizes the Texas Department of Public Safety (DPS) to issue the license. 

Before you can apply for an ODL, certain prerequisites must be met:

• Certified Abstract Type AR Driving Record: Obtainable from the Texas Department of Public Safety, this complete driving record is a key document in the application process.
• Proof of Ignition Interlock Device: In cases involving drug or alcohol-related offenses, proof of installation of an ignition interlock device might be required.

Once you have taken these proactive steps, you’ll also need to secure a comprehensive driving record report from the DPS, and you’ll need to purchase your driving record either online or by mail, following specific procedures detailed by the DPS. 

Then, your attorney can help you to file your petition in the appropriate court, which could be the Justice of the Peace, county, or district court in your area of residence, or the court where the offense occurred. It’s crucial to speak with an ODL attorney about any specific court’s requirements, as they can vary. For instance, the Travis County Law Library provides a free example petition, but it may not be suitable for all courts. Upon reviewing your petition and favorably determining your eligibility, the court will issue a signed order. This order is a necessary step, but is not the license itself.

After receiving the court order, you must submit it along with all other required documents to the Texas Department of Public Safety (DPS) for the actual license issuance. 

The required items include:

1. A certified copy of the petition and court order.
2. A Financial Responsibility Insurance Certificate (SR-22).
3. Payment of the occupational license fee and any reinstatement fees.

The court order can serve as a temporary license for 45 days while your request is processed. An occupational license is usually issued for a year or less, with a maximum length of two years. For a license beyond one year, additional court approval is needed.

All documents, including fees, should be sent in one package to the Texas Department of Public Safety at the address provided in the guidelines. It's important to include personal identification details on each document for accurate processing. Processing time can take up to 21 business days.

What Exactly Is A Petition For Occupational Driver’s License?

A Petition for Occupational Driver’s License is a formal request submitted to a Texas court for obtaining an Occupational Driver's License (ODL). An ODL is a specific type of license granted to individuals whose regular driver's license has been suspended, canceled, or revoked. This license is designed for those who need to drive for essential purposes such as work, school, or performing necessary household duties.

When preparing this petition, the petitioner must provide their personal details, including home and mailing addresses, phone number, email, date of birth, and the last four digits of their Social Security Number. The form also requires the petitioner to detail the specific reasons for their current license suspension, such as DUI (Driving Under the Influence) charges, refusal to provide a breath or blood sample, or other related offenses.

Illustrating One’s Essential Need For Driving

The petitioner must demonstrate their essential need for an ODL, including the necessity to drive for work, to transport family members, or for other critical reasons. They need to provide their work schedule, employer’s details, and other relevant information. The petitioner will also need to request a specific driving schedule, indicating the days and times they need to drive.

If applicable, the petitioner can request exemptions from certain requirements such as the installation of an interlock device (a breathalyzer connected to the vehicle's ignition system) or substance/drug abuse counseling, usually required in cases of DUI offenses.

Finally, the petitioner must sign the form, declaring under penalty of perjury that the information provided is true and correct. This can be done either through an unsworn declaration or notarization.

What Is An SR-22 Certificate?

An SR-22 is not an insurance policy but is, instead, a document provided by an insurance company to prove that a driver carries the minimum required liability insurance. In Texas, this is especially relevant under circumstances such as a suspended driving privilege due to a car crash, multiple convictions for driving without insurance, or a civil judgment against a driver. Essentially, an SR-22 certificate acts as a guarantee to the Texas Department of Public Safety (DPS) that a driver is properly insured.