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Occupational Driver’s License

An occupational driver’s license is a special restricted license issued to people whose traditional driver’s license has been suspended, revoked, or denied for certain offenses. An occupational driver’s license allows you to operate a non-commercial motor vehicle in connection with your employment, education, or in the performance of essential household duties.

Conditions of an Occupational Driver’s License

While an occupational driver’s license will permit a person who’s license has been suspended, revoked, or denied to get back on the road and drive, certain conditions or restrictions apply to the occupational driver’s license. For instance, a person granted an occupational driver’s license generally may not operate a motor vehicle for more than 4 hours in any 24-hour period. In addition, an order granting an occupational driver’s license must specify:

  • the hours of the day and days of the week during which the person may operate a motor vehicle;
  • the reasons for which the person may operate a motor vehicle;
  • the areas or routes of travel permitted;
  • whether the person is restricted to the operation of a motor vehicle equipped with an ignition interlock device;
  • whether the person must submit to periodic testing for alcohol or controlled substances.

Who is Eligible for an Occupational Driver’s License?

An occupational driver’s license is generally available to a person who has had their license suspended, revoked, or denied due to a breath or blood test refusal resulting from a DWI arrest. A civil petition must be drafted and filed, along with the required filing fee, with a court that has jurisdiction over the matter. In addition, the petitioner must obtain SR-22 insurance which is a special type of insurance policy that automatically alerts the State if the policy is cancelled, terminated, or lapses. Finally, the judge must approve the petition and sign an order granting the occupational driver’s license.

Obtain an Occupational Driver’s License in Collin County, Texas

When a petition for an occupational driver’s license is filed, the clerk of the court is required to send a copy of the petition to the attorney who represents the State and notify the attorney of the hearing so that he or she may attend the hearing and present evidence against granting the occupational driver’s license. Therefore, it is critical to have a qualified criminal defense attorney draft and file the petition and aggressively represent your interests at the hearing for the occupational driver’s license.