Restricted Driving Allowance
Occupational License Attorney Austin
Occupational License Attorney Jason Trumpler helps Austin and greater Texas residents apply for licenses that allow them to travel to and from work following DWI charges. For more information on how he can help you, contact our offices today.
1) What is an occupational license?
An occupational license is a special restricted license issued to persons whose license has been suspended or revoked for certain offenses (other than medical reasons or delinquent child support). An occupational license authorizes the operation of a non-commercial motor vehicle in connection with a personʼs occupation, for educational purposes or in the performance of essential household duties. Requests for such licenses are made to the county or district court in the county of the licenseeʼs residence or to the court of original jurisdiction where the offense occurred. Texas Transportation Code Section 521.242, 37 Texas Administrative Code 15.7.
If the individual is participating in a special drug court program, the petition is not required. The judge has the authority to grant an occupational order.
2) Is the court order the occupational license?
No, this is the order granting the occupational license. The court order and all other required items need to be submitted to the Texas Department of Public Safety (DPS) so an occupational license can be issued. The court order may be used as a license for 30 days from the date of the judgeʼs signature while DPS processes the occupational license.
3) Can you drive a commercial motor vehicle with an occupational license?
No, if a personʼs driver license or privilege is suspended, revoked, cancelled, or denied under any law in this state, the person may not be granted an occupational or essential need license to operate a commercial motor vehicle. Texas Transportation Code 522.086, Texas Transportation Code 522.089, 37 Texas Administrative Code 16.97, 37 Texas Administrative Code 16.106.
4) What are the requirements for the occupational license?
You must mail the following items to:
Texas Department of Public Safety
Central Cash Receiving
P.O. Box 15999
Austin TX 78761-5999
1. The certified copy of the petition and a certified copy of the court order granting the occupational license. (If the individual is participating in a special drug court program, the petition is not required. The judge has the authority to grant an occupational order.)
2. An original Form SR-22 certificate of insurance. This is the only proof of insurance acceptable.
3. An occupational license fee for a one-year license or less. The maximum length of issuance is a 2-year license, provided that the court order grants this length of time.
4. All required reinstatement fees.
For alcohol related occupational driver's licenses there is generally a $125 reissue fee payable to DPS along with a $10 fee. In addition, there is the court filing fees which vary from $210 up to $300 depending on the county.
NOTE: If a person's driving privilege is suspended, revoked, cancelled, or denied under any law of this state, the person may not be granted an occupational license to operate a commercial motor vehicle.
Restricted Interlock License Information/Requirements
1) What is a restricted interlock license?
A restricted interlock license authorizes the person to operate a motor vehicle equipped with an ignition interlock device.
2) What is an ignition interlock device?
An ignition interlock device is a breath alcohol analyzer that is connected to a motor vehicle ignition. In order to start the motor vehicle engine, a driver must blow a breath sample into the analyzer which measures alcohol concentration. If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle engine will not start. 37 Texas Administrative Code 19.21.
3) When is the ignition interlock required?
On receipt of notice from the court that a person has been restricted to the use of a motor vehicle equipped with an ignition interlock device, the Texas Department of Public Safety (DPS) shall send notice that the driver license expires on the 30th day after the date of the notice. Texas Transportation Code Section 521.2465.
4) How long is the ignition interlock required?
The interlock is required until the Texas Department of Public Safety (DPS) receives a court order removing the restriction. Texas Transportation Code 521.2465.
5) Can an individual drive if the ignition interlock is required?
Yes, on application by the person and payment of the required fee, the Texas Department of Public Safety (DPS) shall issue a special restricted license that authorizes the person to operate a motor vehicle equipped with an ignition interlock device. A restricted license will not be issued if the driver license is expired or suspended or if the individual has not paid the required reinstatement fees. Texas Transportation Code 521.2465.
For more information on the terms of obtaining an occupational license, contact The Law Offices of Jason Trumpler today.