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.