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Occupational Driver's License

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.

A Texas occupational drivers license is a special, restricted, license to drive. This restricted license to drive is issued to those who've had their Texas license suspended or revoked for certain offenses.

An occupational driver license authorizes the operation of a non-commercial motor vehicle for purposes of your occupation, educational, medical, or essential household duties.

If my driver's license is suspended for a DWI, can I get an Occupational driver's license to drive to work?

In most cases, you can get a Texas ODL (occupational driver's license). It will depend on your criminal record and Texas driving record. You can almost always get an Occupational Driver’s License that will allow you to drive to and from work. An ODL will also allow you to drive between locations, if your job requires you to travel as part of your employment.

What is a restricted interlock license?
A Texas restricted interlock license authorizes a person to operate a Texas motor vehicle equipped with an ignition interlock device.

What is an Ignition Interlock?
An ignition interlock device is a breath alcohol analyzer connected to the motor vehicle ignition. In order for the engine to start, a driver must blow a sample of his breath into the alcohol analyzer. This analyzer measures any alcohol concentration. If the analyzer detects an alcohol concentration exceeding the startup set point, the engine will not start.

Can a person drive if a ignition interlock is required?
Yes, a person can. After the person applies and pays the required fee, the Texas Department of Public Safety (DPS) shall issue a special restricted interlock license authorizing the person to operate a motor vehicle equipped with an ignition interlock device. This restricted Texas license will not be issued if the driver license is expired, suspended, or if the individual has not paid the required reinstatement fees.

I was arrested for DWI in Texas. Will my driver's license be suspended automatically?
No, but if you refused to provide a sample of your breath, blood, or if your breath sample resulted in an alcohol concentration of .08 or greater, and a hearing is not requested to fight a Texas DWI suspension, it will be suspended.

Can I drive a commercial motor vehicle with an occupational or restricted drivers license?

No, not with an ODL. If your Texas drivers license or your privilege to drive is suspended, revoked, canceled, or denied under any law in Texas, you will not be granted an occupational, restricted or an 'essential needs' license to operate a commercial motor vehicle.

What is an Administrative License Revocation Hearing (ALR)?
The Texas Administrative License Revocation Program, was created to provide an efficient and fair process for suspending the driver’s licenses of the people who choose to drive on Texas highways while intoxicated.

An ALJ (Administrative Law Judge) from SOAH (the State Office of Administrative Hearings) is assigned to conduct the Texas ALR hearing. He listens to both sides to make rulings on preliminary matters and makes the final decision in the ALR case.

If the Administrative License Revocation Hearing finds the DPS (Department of Public Safety) has proved it's case, the Texas ALJ will issue an order which authorizes the suspension of the driver's license. If the Texas ALJ finds that the DPS has not proved it's case, the drivers license will not be suspended.

To preserve your right to drive in Texas, you must request an ALR hearing within 15 days of the date you were served with a Notice of Suspension and fight to keep your Texas license from being suspended. Requesting this hearing in a timely manner will allow you the ability to continue driving until the hearing. If you lose at the hearing, you will not be able drive after the hearing. If your license is suspended at the hearing, you may be able to secure a Texas occupational driver's license . Click Here For More information