Texas Occupational Driver's License

Section I


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:


  • You need your license to get back and forth to work
  • Your license is necessary to get to school
  • Your license is necessary to maintain the function of your household


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


  1. Occupational driver’s licenses are govern by Texas Transportation Code chapter 521, subchapter L, et. Seq.

    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:

  • i. To and from work
  • ii. To and from school
  • iii. To from places to buy and obtain things you need for your home

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):

  • i. Where you live (in the precinct or county/district courts where you live;
  • ii. Or where any offense occurred for which you license was suspended. TEX. TRANS. CODE ANN. § 521.242(a)

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:

  • i. You have not had more than one occupational license after a conviction under the laws of this state. TEX. TRANS. CODE ANN. § 521.242 (b)(2).

    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:

  • i. Criminally negligent homicide (TEX. PENAL CODE ANN. § 19.05) or driving while intoxicated, driving while intoxicated with child passenger, flying while intoxicated, boating while intoxicated, assembling or operating an amusement ride while intoxicated, intoxication assault, or intoxication manslaughter. TEX. PENAL CODE ANN. §§ 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, & 49.08.

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:

  • i. Make a determination as to the actual need; and
  • ii. Require petition to show proof of the required insurance under Tex. Trans. Code chp. 601.

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:

  • i. Evidence of proper insurance under chapter 601.
  • ii. Proof the person has had an ignition interlock device installed on any vehicle they operate.


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