An individual who has received an administrative license suspension in Dallas for refusal to submit to chemical testing or failing to pass an intoxication test, or has received a license suspension for driving while intoxicated conviction may be able to apply for an occupational driver’s license (ODL).
An occupational driver’s license is a restricted license issued to individuals whose licenses have been suspended or revoked for refusal to submit to testing, failure to pass an intoxication test, or certain offenses, such as driving while intoxicated (DWI) or driving under the influence (DUI) of alcohol or a controlled substance offense.
An ODL authorizes the individual who has had their license suspended or revoked to operate a non-commercial motor vehicle to attend school, go to work, or to perform other essential household duties.
If your driver’s license has been suspended for refusal to submit, a DWI-related conviction, or failure to pass an intoxication test, it is important to hire an experienced Dallas DWI attorney who will make every effort to help you obtain your ODL.
Occupational Driver’s License Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you received an administrative license suspension or DWI conviction license suspension and need an ODL in Dallas or any of the surrounding areas in Texas, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Dallas Requirements to Receive an ODL
An individual is permitted to receive an occupational license if they have demonstrated an essential need. An essential need in Texas is defined under Tex. Transp. Code Ann. § 521.241 as the person’s need to operate a motor vehicle:
- To perform their occupation or job or for transportation to and from the workplace,
- For transportation to and from school, or
- In the performance of essential household duty.
An essential need can include medical appointments, attendance at religious services, or other domestic needs.
In order to receive an occupational license in Dallas, the individual is required to submit certain items to the Department of Public Safety before they can drive. The following items are required in Dallas:
- A certified copy of the petition
- A certified copy of the court order granting the ODL,
- An SR-22 certificate of insurance,
- The license fee, and
- Any other required reinstatement fees.
Order for Occupational License Requirements in Texas
According to Tex. Transp. Code Ann. § 521.248, every order granting an occupational driver’s license must contain the hours of the days and days of the week the individual is permitted to operate a motor vehicle, the reasons the individual may operate a motor vehicle, and the areas or routes of travel permitted.
An individual who has received an ODL is not permitted to operate a motor vehicle for more than four hours in any 24-hour period. However, if it is demonstrated that the time is necessary, the court may extend the period to 12 hours in a 24-hour period.
The occupational driver’s license period is effective until the end of the suspension period for the individual’s regular driver’s license.
Wait Period for an Occupational Driver’s License
Certain offenses make an individual ineligible to receive an occupational driver’s license under Texas law, and other individuals who have license suspensions are required to wait certain time periods before they can receive an occupational driver’s license. According to Tex. Transp. Code Ann. § 521.251, individuals must wait the following time periods before they can apply for or receive an occupational license:
- An individual who has received an administrative license suspension and who has not had any previous license suspensions for alcohol-related contact with law enforcement within the preceding five years can receive the ODL immediately once granted by the court;
- An individual who has received a license suspension within the five preceding years for alcohol-related contact with law enforcement must wait 90 days after the effective date of the driver’s license suspension;
- An individual who has been convicted of a DWI offense within the preceding five years must wait 180 days after the effective date of the driver’s license suspension; and
- An individual who has been convicted of two or more DWI offenses within the preceding five years must wait one year after the effective date of the license suspension.
Under Tex. Transp. Code Ann. § 524.022, a minor who is under the age of 21 must wait the following periods before they are eligible for an occupational license after failing an intoxication test:
- A minor must wait 30 days after the administrative license has been in effect if no preceding alcohol-related convictions;
- A minor must wait 90 days after the administrative license has been in effect if one prior alcohol-related conviction;
- A minor is not eligible for an occupational driver’s license if they have been convicted of two or more driver’s license suspensions.
According to Tex. Transp. Code Ann. § 522.086, an individual who possesses a commercial driver’s license and has had their commercial driving privileges disqualified is not eligible for an occupational driver’s license to operate a commercial vehicle.
Additional Requirements for an Occupational License in Dallas
Under Tex. Transp. Code Ann. § 521.246, an individual who receives an occupational driver’s license is required to install an ignition interlock device on their vehicle if:
- They have two or more DWI convictions, or
- Their license has been suspended after a DWI conviction that was punishable as an enhanced DWI offense.
In addition to the time requirements before an occupational license can be effective, an individual who has received an administrative license suspension must also attend counseling and rehabilitative services for individuals with alcohol dependence under Tex. Transp. Code Ann. § 521.245.
Find A Dallas County Defense Attorney for Occupational License | Law Offices of Richard C. McConathy
Contact us today for a consultation to determine if you are eligible for a DWI-related occupational driver’s license throughout Dallas County in Texas. Richard McConathy is an experienced DWI lawyer in Dallas who will help you apply for an occupational driver’s license.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.