driving in Texas
After a DWI you can apply for an occupational driver’s license

What is an occupational driver’s license? After our clients are charged with Driving While Intoxicated, one of their first questions is “how am I going to get to work without a license?” This is a serious question. In Texas, most of us drive to work and our other activities. Although public transportation has gotten better, it is still a hard way to get around.


If you lose your driver’s license in Texas as a result of a DWI, you may be eligible for an essential need license also known as an Occupational Driver’s License. Texas Administrative Code §15.7 allows a person to apply for the license.  The license may authorize the driving of any noncommercial motor vehicle for the following purposes:

  (1) in the performance of an occupation or trade or transportation to and from such occupation or trade;

  (2) for transportation to and from an educational facility in which the person is enrolled; or

  (3) in the performance of essential household duties.

If you want to receive the occupational driver’s license, an annual user fee must be paid ($10). All of your insurance must be in order. You must fill out an SR-22 form. Finally, permission from the court must be given.  The license allows you to operate a private vehicle.  But, it does not allow a person to operate a commercial vehicle. The license is intended to get you to work, school and other essential activities.


If your license is suspended as the result of a DWI; have your attorney prepare a petition with the court to allow you to apply for a Texas Occupational Driver’s License. It may require a hearing or the court can grant the approval to send in the required paperwork.

If you have any questions about an occupational driver’s license, ask your attorney or call (214)357-1782 and the staff at MLF Legal will help you understand what you need to do.

2 Responses

the ultimate servival guide for texas injured