If you or a loved one were charged or convicted of Driving While Intoxicated (DWI) in Houston, you’ve likely faced an uphill battle trying to reclaim your driving privileges.
A common fear after a DWI charge is the prospect of a suspended Texas Driver License. Let’s face it, it’s nearly impossible to survive in the Greater Houston area without wheels. So, you’ll certainly need your driving privileges. At least in some form. Fortunately, you have options. It’s possible to regain your mobility through an Occupational Driver License.
What’s an Occupational License?
An Occupational Driver License, also called an essential need license, isn’t your standard Texas Driver License. It’s a special type of restricted driving permit issued by Texas courts to individuals whose driver’s license has been suspended due to certain offenses. This includes Driving While Intoxicated.
This license permits you to drive to and from work, school, and in the performance of necessary household duties.
Getting Back on the Road
The Occupational License Application Process
Obtaining an Occupational Driver License isn’t a walk in the park. The process can be complex. It’ll require attention to detail on the part of your attorney. It’ll also require patience on your part.
When you’re represented by Houston DWI Lawyer Tad A. Nelson, we give you the option of letting us help you through the process. If you have questions, call us. In the meantime, let’s review the process.
Petition the Court
To start, we’ll need to file a petition in the county or district court where you live or where the offense occurred. Your petition will include information such as your name, date of birth, address, reason for the license suspension, and why you need to have an Occupational License.
Prepare Your Documents
Accompanying your petition, you’ll need to present proof of Financial Responsibility Insurance Certificate (SR-22). It’s a specific type of automobile liability insurance that high-risk insurance customers must have. This certificate proves to the Texas Department of Public Safety (DPS) that you’re financially responsible for any accidents you may cause while driving.
You might need a copy of your driving record and a letter from your employer confirming the need for transportation. If you need to commute to school, a letter from the educational institution will suffice.
The requirements can vary based on individual circumstances. The court may ask for other documentation to support your petition. Be prepared to furnish documentation requested by the court.
Obtain a Court Order
Once the court reviews your petition, they’ll issue an order. This order, if granted, is essentially your Occupational License. It’ll serve as a temporary until you receive an official one from DPS. The judge may also require driving restrictions. The restrictions may be based on time or geographic areas.
Don’t Forget: It’s Not an Immediate Process
Remember that the Occupational Driver License doesn’t become effective immediately after the court order. As per Texas Transportation Code §521.251, there’s typically a 30-day waiting period post-suspension before the license takes effect. Keep this in mind when planning your daily logistics.
Maintaining Compliance
Living with Your Occupational License
Once you’ve secured your Occupational License, it’s not “business as usual.” You’ll be subject to certain driving limitations. For instance, you must have a certified copy of the court order or the Occupational Driver License itself in your possession any time you operate a vehicle.
You’ll need to adhere to the limitations placed on the license. These might include restrictions on the hours and areas in which you’re allowed to drive. Violation of these conditions may lead to additional charges or revocation of your Occupational Driver License.
The SR-22 Requirement
The SR-22 is a requirement for obtaining & maintaining the Occupational License. Texas DPS requires drivers with an Occupational License to maintain their SR-22 insurance for two years from the date of the judgment.
Failure to maintain your SR-22 insurance can result in the suspension of your Occupational License. This can lead to further complications.
If you operate your vehicle anyway and you’re stopped, you’ll sustain new criminal charges for driving with a suspended license. This will result in an immediate trip to jail, vehicle impoundment, and other unsavory complications.
Can You Get an Occupational License?
It’s Not a Guarantee, But a Possibility
While an Occupational License provides a lifeline to leading a productive life after a license is suspended, it’s not a given right. The courts have the discretion on which applications to approve. Approvals & denials are based on the specifics of each case.
Therefore, it’s crucial to present a compelling argument for your need to drive. It’s also helpful to demonstrate your commitment to respecting the restrictions of the Occupational License.
If you’re facing a DWI charge in Houston and need help securing an Occupational License, our law firm can help you. Remember, professional legal representation can make all the difference.
Don’t let a DWI charge prevent you from living your life to the fullest. Let us help you get back on the road legally, securely, and confidently.
Attorney Tad Nelson
Your Houston DWI & Occupational License Lawyer
Tad Nelson & Amber Spurlock are experienced criminal law attorneys. If you have been to court yet on your DWI case, then you may not need an Occupational License at all. If we can get your case dismissed then you can keep your license. We may also be able to finagle something with an ALR hearing that might be helpful.
If you have any questions, contact us. Our law firm takes pride in offering affordable legal fees, flexible payment plans, and superior legal representation. Schedule your 100% free consultation today. Call Houston DWI Lawyer Tad A. Nelson 24/7 at 281-520-2122.
