What is an Occupational Driver's License?

What you need to know

If you have not requested an ALR hearing, your driver's license will be suspended 40 days after the notice of suspension (usually arrest). If you properly requested an ALR hearing, your license will not be suspended unless and until the Administrative Law Judge signs the order of suspension.

If your license is suspended, you may apply for an occupational license in the county or district court of 1) the county of your residence or 2) the county of arrest if you qualify. The statutes below outline the general requirements for occupational licenses.

Basically, you will have to show an essential need for the license (work/health), which can only authorize you to drive up to twelve hours a day on six days of the week.
Also, you will have to get a special kind of insurance (SR-22) that may be more expensive than your regular insurance. If you have insurance through USAA, you do not even want them to know about your suspension or they may cancel your coverage. Make sure you are on good terms with your provider before requesting SR-22 through them, or you probably want to shop somewhere else. Geico seems to have reasonable SR-22 policies.
Finally, you must pay filing fees for the petition and fees to the DPS for issuance of the occupational license. This could be a few hundred dollars. If the judge issues you an occupational license, the judge's order serves as your license for 30 days until you receive your license from DPS in the mail. You must keep the order or occupational license and SR-22 proof with you at all times to present to officers on demand, and the judge may require that you keep a travel log to present to officers if requested.

If you, or someone you know, has been charged with a DUI/DWI, call 1-888-623-5336 or contact us immediately to speak with a Criminal Defense Trial Attorney.

The law

§ 521.242. PETITION.

(a) A person whose license has been suspended for a cause other than a physical or mental disability or impairment or a conviction under Section 49.04, Penal Code, may apply for an occupational license by filing a verified petition with the clerk of the county court or district court with jurisdiction in the county in which:

(1) the person resides; or

(2) the offense occurred for which the license was suspended.

(b) A person may apply for an occupational license by filing a verified petition only with the clerk of the county court or district court in which the person was convicted if:

(1) the person's license has been automatically suspended or canceled under this chapter for a conviction of an offense under the laws of this state; and

(2) the person has not been issued, in the 10 years preceding the date of the filing of the petition, more than one occupational license after a conviction under the laws of this state.

(d) A petition filed under Subsection (b) must state that the petitioner was convicted in that court for an offense under the

laws of this state.

(e) The clerk of the court shall file the petition as in any other civil matter.

(f) A court may not grant an occupational license for the operation of a commercial motor vehicle to which Chapter 522 applies.

§ 521.241. DEFINITIONS. In this subchapter:

(1) "Essential need" means a need of a person for the operation of a motor vehicle:

(A) 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;

(B) for transportation to and from an educational facility in which the person is enrolled; or

§ 521.244. HEARING; ORDER; DETERMINATION OF ESSENTIAL NEED.

(a) The judge who hears the petition shall sign an order finding whether an essential need exists.

(b) In determining whether an essential need exists, the judge shall consider:

(1) the petitioner's driving record; and

(2) any evidence presented by a person under Section 521.243(b).

(1) determine the actual need of the petitioner to operate a motor vehicle; and

(2) require the petitioner to provide evidence of financial responsibility in accordance with Chapter 601.

(d) Except as provided by Section 521.243(b), the hearing on the petition may be ex parte.

§ 521.248. ORDER REQUIREMENTS.

(a) An order granting an occupational license must specify:

(1) the hours of the day and days of the week during which the person may operate a motor vehicle;

(2) the reasons for which the person may operate a motor vehicle; and

(3) areas or routes of travel permitted.

(b) The person may not operate a motor vehicle for more than four hours in any 24-hour period, except that on a showing of necessity the court may allow the person to drive for any period determined by the court that does not exceed 12 hours in any 24-hour period.

(c) An order granting an occupational license remains valid until the end of the period of suspension of the person's regular driver's license.

§ 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT.

(a) If the person's license has been suspended after a conviction under Section 49.04, 49.07, or 49.08, Penal Code, the judge, before signing an order, shall determine from the criminal history record information maintained by the department whether the person has any previous conviction under those laws.

(b) As part of the order the judge may restrict the person to the operation of a motor vehicle equipped with an ignition interlock device if the judge determines that the person's license has been suspended following a conviction under Section 49.04, 49.07, or 49.08, Penal Code. As part of the order, the judge shall restrict the person to the operation of a motor vehicle equipped with an ignition interlock device if the judge determines that:

(1) the person has two or more convictions under any combination of Section 49.04, 49.07, or 49.08, Penal Code; or

(2) the person's license has been suspended after a conviction under Section 49.04, Penal Code, for which the person has been punished under Section 49.09, Penal Code.

(c) The person shall obtain the ignition interlock device at the person's own expense unless the court finds that to do so is not in the best interest of justice and enters that finding in the record. If the court determines that the person is unable to pay for the device, the court may impose a reasonable payment schedule for a term not to exceed twice the period of the court's order.

(d) The court shall order the ignition interlock device to remain installed for at least half of the period of supervision.

(e) A person to whom this section applies may operate a motor vehicle without the installation of an approved ignition interlock device if:

(1) the person is required to operate a motor vehicle in the course and scope of the person's employment;

(2) the vehicle is owned by the person's employer;

(3) the employer is not owned or controlled by the person whose driving privilege is restricted;

(4) the employer is notified of the driving privilege restriction; and

(5) proof of that notification is with the vehicle.

(f) A previous conviction may not be used for purposes of restricting a person to the operation of a motor vehicle equipped with an interlock ignition device under this section if:

(1) the previous conviction was a final conviction under Section 49.04, 49.07, or 49.08, Penal Code, and was for an offense committed more than 10 years before the instant offense for which the person was convicted; and

(2) the person has not been convicted of an offense under Section 49.04, 49.07, or 49.08 of that code committed within 10 years before the date on which the instant offense for which the person was convicted.

§ 521.2465. RESTRICTED LICENSE.

(a) On receipt of notice that a person has been restricted to the use of a motor vehicle equipped with an ignition interlock device, the department shall notify that person that the person's driver's license expires on the 30th day after the date of the notice. On application by the person and payment of a fee of $10, the department shall issue a special restricted license that authorizes the person to operate only a motor vehicle equipped with an ignition interlock device.

(b) On receipt of a copy of a court order removing the restriction, the department shall issue the person a driver's license without the restriction.

§ 521.249. NOTICE TO DEPARTMENT; ISSUANCE OF OCCUPATIONAL LICENSE.

(a) The court shall send a certified copy of the petition and the court order setting out the judge's findings and restrictions to the department. The person may use a copy of the order as a restricted license until the 31st day after the date on which the order takes effect.

(b) On receipt of the copy under this section and after compliance with Chapter 601, the department shall issue an

occupational license to the person. The license must refer on its face to the court order.

§ 521.250. COURT ORDER IN OPERATOR'S POSSESSION.

A person who is issued an occupational license shall have in the person's possession a certified copy of the court order granting the license while operating a motor vehicle. The person shall allow a peace officer to examine the order on request.

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