An Occupational Drivers License (“ODL”) is a special type of drivers license that allows Texans with suspended drivers licenses to drive legally for essential life purposes. Also known as an Essential Needs Driver License, a traditional ODL restricts a person to driving limited hours during the day for purposes such as work, school, and other essential household duties such as transporting a child to school, grocery shopping, or taking a sick family member to see a doctor. If a driver provides evidence that he or she has an Ignition Interlock Device installed on their vehicle, that driver may operate a motor vehicle without the time and purpose restrictions placed on the essential needs version of an Occupational Drivers License.
Who Needs an Occupational Drivers License?
ODLs will allow drivers to legally operate a motor vehicle for most, although not all, DL enforcement actions initiated by the Texas Department of Public Safety (“DPS”). At the Design 8, we serve clients who have encountered DL suspensions as a result of a DWI arrest. Whenever police arrest someone for Driving While Intoxicated, it may trigger an Administrative License Revocation (“ALR”).
We fight the ALR drivers license suspension at a court proceeding known as an ALR Hearing. If we win the ALR Hearing, there is no need for an Occupational Drivers License. If the ALR judge rules against us, then we help our DWI clients obtain ODLs so that they can drive legally for all of their essential life purposes. Additionally, if a person arrested for a DWI fails to timely request an ALR Hearing, the arrestee will need an ODL if he or she refused to provide a specimen of their breath or blood or consented and had an alcohol concentration >= 0.08.
How Do I Get an Occupational Drivers License?
A driver will first need to gather a petition for an ODL, a proposed order granting the ODL, proof of SR-22 insurance, proof of ignition interlock device, if applicable, a certified abstract of their driving record (Type AR), and filing fees. The driver, or attorney, will file these documents and pay filing fees to a court with jurisdiction to grant the Occupational Drivers License.
What Court Has Jurisdiction to Grant an ODL?
In the DWI context, a driver may file their petition for an ODL in a Justice or County Court if the driver is requesting an Occupational Drivers License prior to the final disposition of the criminal case. After final disposition of the DWI case, the driver must file all ODL documents with the County Court that presided over the criminal case. Justice Courts typically have lower filing fees than County Courts. The timing of the ALR Hearing and the criminal proceedings will dictate whether the driver has the option of filing in the Justice Court or not.
Whether a driver files ODL documents in a Justice or County Court, the court must be located in the county or precinct where the DWI arrest occurred or where the driver lives. If the driver requests an ODL after the final disposition of the DWI criminal case, he or she will need to file the ODL with the Clerk of the county in which the DWI case was filed.
What Happens After the Court Grants My ODL?
A driver will need two sets of certified copies of all court documents concerning the Occupational Drivers License. He or she will send one set of documents, along with the ODL fee, to the Texas DPS in Austin via certified mail. The driver will keep the other set of certified documents in his or her vehicle at all times for the duration of the suspension. Eventually the DPS will mail a hardcopy of the Occupational Drivers License to the driver, and the driver will use that hardcopy just like a traditional drivers license.
In our experience, we have seen occasions where the hardcopy of the ODL does not arrive until the end of the suspension period, especially in 90-day suspensions arising from a first DWI with a consensual BAC >= 0.08. Therefore we recommend that drivers keep their certified ODL documents somewhere safe and scan an electronic copy if possible.
What Happens When My DL Suspension Ends?
The driver’s DL will return to its ELIGIBLE status. Before the driver may lawfully operate their motor vehicle, however, he or she must pay a reinstatement fee to the DPS. The driver, or the driver’s attorney, may submit the reinstatement fee by check along with the other certified ODL court documents by certified mail to the DPS in Austin. Or the driver may pay the reinstatement fee online. Once the driver pays the reinstatement fee and serves the suspension period, he or she will be eligible to return to normal driving activities, notwithstanding any terms and conditions arising from the disposition of the DWI criminal case, which may include the requirement of an Ignition Interlock Device or an additional post-conviction DL suspension.
Facing DWI Charges?
If you or someone you know has been arrested for Driving While Intoxicated and has encountered or may encounter a drivers license suspension, we are here to help. Click here to schedule a consultation today.
