When your license has been suspended because you have failed to pay surcharges, you’ve been charged with a DWI or for other reasons, I may be able to help you get a driver’s license to enable you to perform essential tasks. The Texas Department of Public Safety states an occupational license may be issued when:
A petition must be filed in the jurisdiction where the license suspension occurred. If approved, the court issues an order instructing the Department of Safety to issue you an occupational license. This type of license requires proof of insurance as well as payment of specific reinstatement fees. In general, these licenses are valid for a period of one year and in some cases, may be extended to two years.
You may also be subject to waiting periods; if you have a previous drug or alcohol related offense you have to wait 90 days. Commercial drivers may not be entitled to an occupational license when their license is suspended, revoked, cancelled for violating any Texas laws.
If your license has been suspended or revoked and you need help making application for a license under the occupational license requirements in Texas, contact The Crawshaw Law Firm, PLLC at (210) 595-1553.
Section II
Occupational Driver’s License Law
2. An occupational driver’s license, or essential need license, has the following terms which are defined by the legislature.
a. “Essential need” means a need of a person for the operation of a motor vehicle:
b. “Ignition interlock device” means a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator of the vehicle.
3. Filing the lawsuit (the occupation driver’s license petition):
a. You may apply for a occupational driver’s license in 1 or 2 places (venue):
b. You may ONLY APPLY in the county where the offense occurred if the suspension is because of a conviction – the following must also be true:
4. You cannot obtain an occupational license to drive a commercial motor vehicle.
5. Notice to the State – when does the State need to be involved?
a. The clerk who accepts the petition for filing shall send by certified mail to the State’s attorney a copy of the petition and notice of a hearing if the license was suspended for:
b. The State may attend the hearing and present evidence at the hearing against granting the petition.
6. Hearing/Order/Determination of Essential Need TEX. TRANS. CODE ANN. § 521.244
a. A judge who holds the hearing shall sign an order finding whether or not an essential need exists.
b. The judge may consider the driver’s driving record and any other evidence presented.
c. If judge finds there is an essential need, the judge also, as part of the order, shall:
d. Except when the clerk is required to send notice to the State – the hearing may be done ex parte, meaning without the State’s attorney.
e. A person who is restricted to the operation of a motor vehicle with an ignition interlock device IS ENTITLED to receive an occupation license if that person shows:
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