If your license has been suspended as a result of being arrested and/or convicted of a DWI in Texas, you may be eligible for an Occupational Driving License ("ODL"). An ODL will allow you to operate a motor vehicle for "essential needs." To read more on the process for obtaining an occupational driving license, please click here.
The ODL authorizes the operation of a non-commercial motor vehicle in connection with a person’s occupation, for educational purposes, or in the performance of essential household duties. This usually includes driving to and from work, to and from an educational institution for school, medical institutions, and/or certain other locations.
Under Texas Transportation Code Section 521.242, in order to obtain an occupational driving license, a person must first file a petition with the court in either the county where the arrest occurred, or in the county where the person resides. An order has to be signed by a judge, which will allow the driver to operate a motor vehicle to certain locations listed in the petition. An occupational driver's license usually has certain restrictions, including only being allowed to drive 12-hours each day as a maximum, or the requirement of having to keep a logbook. You will also need to show proof that the driver has obtained an SR-22 insurance policy.
The Law Offices of Carl David Ceder, PLLC can give you a list of approved SR-22 providers to choose from to ease the burden associated with the process. This policy is a type of "high risk" policy that the driver is required to maintain for the duration of the license suspension period. The SR-22 insurance policy, and the Order granting the ODL, must be with the driver at all times when opearting a motor vehicle. If a person is stopped and does not have a copy of the SR-22 insurance policy, or if driving in violation of any of the provisions referenced in the ODL, then the driver may be subjected to further criminal penalties.
Once the suspension period is over, the driver will no longer be required to maintain the SR-22 insurance policy. Additionally, the license will be returned and/or the driver may apply for a new license at a local DPS office.
If you are looking for an experienced attorney to assist you in obtaining an occupational driving license, please call The Law Offices of Carl David Ceder, PLLC, at 214.702.CARL (2275) to help determine your eligibility for filing to obtain an ODL. Initial consultations are free of cost. Carl will give you the best possible legal assistance given your particular situation.