How to Get an Occupational Driver License in Texas

In the state of Texas, an occupational driver license (ODL) is a restricted license available to a person whose driver's license has been suspended, revoked or denied for certain offenses. An occupational driver license is different from an occupational license for a specific type of profession, such as barber or electrician.

An individual can petition a Justice of the Peace, county or district court where they reside or the court that originally heard their case to get an occupational driver license.

An occupational driver license is also called an essential need license. It is issued for other than a medical reason or delinquent child support.

The license allows the holder to operate a noncommercial motor vehicle in connection with work; performance of essential household duties, such as shopping for groceries; and school-related activities, like picking up children. The holder of an occupational driver license may not drive the vehicle for other purposes.

The individual must submit a petition to the court for an occupational driver license. They must obtain a certified abstract (Type AR) of their driver license record to submit with the petition. The cost for this record is $20.

The most convenient way to get a driver record is online. The Texas Department of Transportation cannot provide in-person driver record services at branch locations. If the person is participating in a special drug court program, the petition is not required.

In order to request a driver record, the individual will need:

• Most recent Texas driver's license, commercial driver license, or identification card number with the audit number from that card.
• Date of birth.
• Last four digits of Social Security number.
• Computer with Adobe Reader and Google Chrome, Internet Explorer, or Mozilla Firefox installed.
• Valid credit card to pay the fee.
• Ability to print or email the record immediately after purchase.

The court holds a hearing to determine if the person is eligible for an occupational driver license.

The state may have an attorney present to object to the issuance of an occupational driver license if the person suffered a license suspension because they were convicted of a criminal homicide, an offense involving alcohol or drug intoxication, or they were under 21 and their license was suspended for a DUI.

If the judge finds in favor of the person requesting the license, they will provide them with a signed court order. This order is not the license itself. The individual must submit the court order to the Texas Department of Public Safety (DPS) with other required documentation in order to receive their occupational driver license.

Each court may have unique requirements for the petition. There is a sample petition available on the Travis County Law Library website. An individual should contact their county court to determine whether this form is sufficient. The filing fee to submit a petition varies by county. In Travis County, the fee is $50.

Items to submit to DPS include:

• Certified copy of petition requesting an occupational driver license.
  
• Certified copy of the court order granting the occupational driver license. Financial responsibility insurance certificate (SR-22).
• Payment of occupational license fee.
  
• Payment of all reinstatement fees.

An individual can pay fees online on the license eligibility page (same page as the reference for reinstatement fees) or mail the fees to DPS. If mailing fees to DPS, they should pay by check or money order and submit all required documents in one envelope to: Texas Department of Public Safety, Enforcement and Compliance Service, P.O. Box 15999, Austin, TX 78761-5999.

Petitioner must write their full name, date of birth and driver's license number on each document submitted. If they have a suspension notice, they should include a copy to identify their driver record. The individual should allow 21 business days for processing.

The fees for an occupational driver license are:

• $10 per year for new license or renewal of an existing license, issued up to a maximum of two years. The court must grant the issuance of an occupational driver license beyond one year. The driver must pay reinstatement fee first.
• $10 to add an

ignition interlock device

restriction to a driver license. Driver must pay reinstatement fee first. * $21 for a new or renewal occupational driver license for an individual registered under Chapter 62 of the CCP, the sex offender program under the Texas Code of Criminal Procedure. This license expires one year after the previous expiration date.

Under Texas law, the individual may use the court order as a driver's license for 45 days from the date of the judge’s signature while DPS is processing the request for an occupational driver license. If they do not receive the occupational driver license from DPS before the 45th day, they cannot drive until they do.

If there is a delay, the person can return to court to ask for the issuance of an amended order for ODL that extends the deadline past the 45th day limit.

DPS will issue an occupational driver license once it processes the request, unless certain situations apply.

An additional waiting period is imposed if the person had a license suspension due to a criminal conviction within five years prior to their current arrest. For example, the person must wait an additional 90 days after DPS has processed their package if they were arrested for public intoxication within five years before the date of their recent arrest for a DWI.

In Texas, the state charges a person with a DWI if the individual is an adult 21 or older and has a blood alcohol concentration of 0.08 percent or above, or their driving abilities are impaired due to intoxication.

The state charges a person with a DUI if the individual is 20 or younger and has consumed any alcohol. A holder of a commercial motor vehicle license, a commercial driver, is considered intoxicated if their blood alcohol concentration is 0.04 percent or above.

A person who holds an occupational driver license commits an offense if they operate a motor vehicle in violation of a restriction imposed on the license or fail to have a certified copy of the court order when they are operating the vehicle.

An offense of this type is a Class B misdemeanor. The penalty for a Class B misdemeanor is incarceration up to 180 days and a fine up to $2,000.

If a person is convicted of this offense, the occupational license and the order granting the license are revoked. If a person is convicted of a DWI or DUI and does not complete an alcohol dependency program, the judge has the authority to revoke the occupational license or impose an additional 60- to 120-day license suspension.

The costs to resolve a Texas DWI or a Texas DUI are different from the costs and penalties associated with requesting an occupational driver license. The fines in this table do not include a state fine of $3,000, $4,500 or $6,000 assessed upon sentencing.

There are additional penalties for other charges associated with a DWI, such as impaired driving with a child passenger or driving with an open container.

Let's take a look at some frequently asked questions regarding occupational driver licenses.

It takes 21 days from the day that DPS receives the envelope with all of the required documents to process an occupational driver license. There will be an additional waiting period if the circumstances warrant one, such as the individual has at least two administrative driver's license revocations on their driver record.

The cost will be the fee for the occupational driver license, typically $10 per year, plus reinstatement fees. The amount of reinstatement fees depends on the individual and their circumstances. There is an additional $10 fee to add an ignition restriction to a driver's license.

It is not difficult to get an occupational driver license if the individual meets the state’s criteria for this license.

The assistance of an attorney to get an occupational driver license is not required. But an attorney can help a client file a petition to the court to request the license and organize the materials for DPS.

An individual may want to consult a criminal defense attorney with experience in DWIs or DUIs to assist them with getting an occupational driver license if the individual is requesting the license because they committed a DWI or DUI.

A DWI attorney typically charges between $250 and $600 per hour in Texas, depending on where they are located and the complexity of the case. An attorney will charge more to defend a client with a complicated case. For example, a client who committed a DWI as well as a hit-and-run in the same incident would have a complicated case.

Some attorneys charge a flat retainer fee for all cases involving a DWI, such as $2,500. They may also charge additional amounts at an hourly rate if the offender engages in case requires additional matters, such as a motion to suppress evidence in preparation for a trial.