Occupational Driver’s License – Austin, Texas

Written by swayze on October 6th, 2011

An occupational driver’s license is a restricted license issued to persons whose license has been suspended for Driving While Intoxicated (DWI) or other offenses. An occupational license allows the person to operate a non-commercial motor vehicle in connection with a person’s occupation, for educational purposes or in the performance of essential household duties. In Travis County (Austin, Texas), petitions for occupational driver’s licenses are made to one of the Travis County or District Courts in the county if the person resides in Travis County or if the offense occurred in Travis County.

A court order is not an occupational driver’s license; it is the order granting the occupational license. The Travis County court order and all other required items must be submitted to the Texas Department of Public Safety for issuance of an occupational driver’s license. The court order is only valid for thirty days from the date the judge signed the order.

I have had situations where a client gets arrested for Driving While Intoxicated (DWI) in Austin, has their driver’s license suspended, obtained an order granting an occupational driver’s license and submitted it to the Texas Department for issuance of the occupational driver’s license, but have failed to receive their driver’s license within the thirty day period. If you have not received the actual occupational driver’s license within the thirty days, then you are not able to operate a motor vehicle. If you are caught driving a motor vehicle, then you could get arrested for driving on a suspended driver’s license and/or have your driver’s license suspended for a longer period by the Department of Public Safety for driving while your license is suspended. If you have been arrested for Driving While Intoxicated (DWI) and have failed to request an administrative driver’s license hearing within 15 days after the date of arrest, or have had the hearing and your driver’s license was suspended, then you must obtain an occupational driver’s license to drive.

If you fail to request a driver’s license hearing within the 15 days after the date you were arrested your driver’s license will be suspended on the 40th day after arrest. It is very important to be aware of the status of your driving privileges if you have been arrested for Driving While Intoxicated (DWI). You are the one that will be arrested and face the consequences if you are caught driving while your license is suspended! For more information regarding occupational driver’s license, and/or driver’s license suspensions contact my office.

Austin DWI Lawyer
Clifford Swayze
Attorney at Law
512 E. 11th Street, Ste. 202
Austin, Texas 78701
Phone: 512-335-5245

 

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