Occupational License Defense
Houston Occupational License Lawyers :: The Law Office of Matthew D. Sharp
When an individual has had their driver’s license suspended in Texas, they have the option of applying for an occupational license (also known as an essential need license). The license of the driver is usually suspended if they refuse to submit to alcohol testing when pulled over under suspicion of driving while intoxicated. This is because the Texas Transportation Code states that an operator of a motor vehicle must submit to this kind of testing if an officer suspects the driver to be impaired.
The Application Process
The first step a driver must take is to make sure they have not received an occupational license in the last 10 years. If they have, they cannot receive one again until 10 years has passed since the last one was issued. The driver must detail to the court why the license is necessary. This must be filed with the court clerk and will be followed up with a hearing. The judge will then consider the driving record of the applicant to make a decision.
Occupational License Restrictions
An occupational license is far different from other types of licenses in that the driving activities of holders are severely restricted. Some of these restrictions include:
- Specified route: Drivers with this type of license will only be able to drive on certain roads or routes. This is so that authorities can know where the driver will be when operating the vehicle.
- Specific purpose: The driver can only operate the vehicle for an approved purpose. These can include work, school or other obligations.
- Maximum hours: In most instances, the driver will only be able to operate a vehicle for four hours a day.
- Set time and days: The driver may only operate their vehicle on certain days of the week and at certain times.
The courts will also sometimes require additional obligations from drivers who are granted this type of license. The driver must always carry a copy of the court order allowing them to drive, but may also be required to:
- Attend alcohol-related counseling: This ensures the driver is dealing with any alcohol dependence issues before their regular license is reinstated.
- Use a breathalyzer or ignition interlock device: This keeps the driver from operating the vehicle while under the influence of alcohol.
Meet With a Houston Occupational License Attorney
At The Law Office of Matthew D. Sharp, we know how important a vehicle is to modern-day life. We help clients apply for this type of license so they can continue their work and personal obligations.