Occupational Driver's License
Why You May
Need an Occupational Driver’s License
An arrest for DWI can
lead to suspension of your driver’s license under two circumstances 1)
ALR suspension as a result of refusing to take or failing a breath /
blood test; 2) consequence of criminal conviction for Driving While
Intoxicated (DWI)
If you drive while your
license is under suspension, you may be charged with Driving While License
Suspended, a misdemeanor. If you do so while on probation for your DWI
offense, you risk having your probation revoked.
What
is an Occupational Driver's License?
An occupational driver’s
license is a restricted license issued by DPS which allows you to drive
to and from work, school and in the performance of necessary household
duties during the period of suspension. The license may limit the times
you are allowed to drive to specified hours, counties or roadways.
Alternatively, the court may authorize you to keep a log detailing your
driving activities which can be inspected to ensure that your driving
does not exceed what the judge has authorized.
How to Obtain an Occupational
Driver’s License
You must file a verified
petition requesting the court to grant you an occupational driver’s
license. The petition is filed in the county where the offense occurred
or where you live if the suspension is as a result of an ALR
suspension. If your license is suspended following a conviction for DWI
you must file in the court which ordered the suspension. As this is
actually a civil lawsuit, a filing fee (approximately $200.00) must be
paid to the court clerk. A short time after the filing, your lawyer can
obtain a court date for the purpose of explaining to the court why it is
necessary for you to drive to and from work, school, church and in the
performance of essential household duties. If the judge determines that
you should be granted an occupational license, the judge will sign an
order directing DPS to issue you an occupational license. Following the
hearing your attorney will obtain a certified copy of the order which
will serve as your occupational driver's license for a period of 30
days. The order must remain in your possession at all times while
driving.
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In order for DPS to issue
the actual occupational license, which is a brown card, you or your
lawyer must send DPS a certified copy of the order along with a
reinstatement fee of $125.00, $10.00 occupational license fee, SR-37
(data sheet) and an SR-22. At the end of the suspension period, DPS
will return your driver's license to you.
Occupational
License May Not Authorize Operation of Commercial Vehicle
An occupational driver's license does not allow a person to operate
a commercial vehicle. You may lose your livelihood. It is
therefore imperative that you contest the administrative suspension of
your commercial driver's license.
Free Consultation
Contact Fort Bend County Occupational Driver License lawyer Anthony
R. Segura to learn how he can help you get back on the road legally with
an occupational driver's license. Call 281-242-7070 to schedule a
free consultation with an experienced Sugar Land occupational license
lawyer.
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