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Occupational Driver License

What is an Occupational License?

An occupational license is a special restricted license issued to persons whose license has been suspended or revoked for certain offenses. An occupational license authorizes the operation of a non-commercial motor for up to 12 hours a day for work related purposes, educational purposes and to perform basis household duties.

How do You Obtain an Occupational License?

There are several requirements that must be satisfied prior to a judge granting an occupational driver’s license. First, a Petition of an Occupational Driver’s License must be drafted and filed, with the required filing fee, with a court that has jurisdiction over the matter. This court is usually made in either a county or district court located in the petitioner’s county of residence or in the court that retains original jurisdiction. This court is where the offense occurred. Second, the petitioner must obtain SR-22 insurance which is a special insurance policy, require by the State of Texas, as a prerequisite to obtaining an occupational license. Third, some courts require a copy of the petitioner’s driving record. Finally, the Petition for Occupational License must be presented to a judge for his or her approval. Also, some judge’s require an in-person hearing before granting an occupational license. See, Texas Transportation Code Section 521.242, 37 Texas Administrative Code 15.7.

Is the Court Order the Occupational License?

No, the court order is only the first step to the occupational license. After the court grants the request, the court order and all other required items must be submitted to the Texas Department of Public Safety (DPS). After these items are received by the DPS the occupational license is issued.

However, the court order will function as an occupational license for no more than 30 days from the judge signing the order. This allows a person an opportunity to drive for up to 30 days from the dates of the judge’s signature to allow the request to be processed by the DPS.

I Have a Commercial Driver’s License; Will an Occupational License Allow me to Drive a Commercial Vehicle?

No. If your license is suspended, cancelled, or revoked under any Texas law you MAY NOT be granted an occupational driver’s license to operate a commercial motor vehicle. See, Texas Transportation Code 522.086, Texas Transportation Code 522.089.

Act Now to Protect Your Freedom, Driving Privileges and Legal Rights

If you or a loved one has been arrested or charged with a DWI or DUI within Collin County, Texas and the surrounding cities of McKinney, Allen, Frisco, Richardson, Dallas, Denton, Wylie, Addison, Prosper, Celina and The Colony, Texas and you need the help of an experienced drunk driving defense lawyer, call The Law Offices of Biederman & Burleson, P.L.L.C. today at (866) 439-2182 to schedule a free, no-obligation consultation with an experienced Plano, Texas DWI defense trial attorney.