Am I Eligible for a Texas Occupational License?
If your license has been suspended, revoked, or denied, you may be eligible for a Texas Occupational Driver’s License (an “ODL” or “essential need license”). See “What is a Texas Occupational License” for more information.
Am I Eligible for an Occupational License
In order to get an essential needs license, a judge will consider why you are in need of an ODL and the reasons you do not presently have a driver’s license. A judge may permit you to drive at certain times, on specific days, under certain conditions. See Texas Transportation Code Chapters 521 and 601.
Not everyone whose license was suspended is eligible for an ODL. You cannot get an ODL if:
- Your license was suspended because of a mental or physical disability;
- You need it to drive a commercial motor vehicle; or
- The judge thinks you do not have an essential need or is worried about public safety.
Additionally, if your license was suspended due to more serious offenses, the State will fight to keep you from receiving an ODL. For instance, if you were convicted of a criminal homicide, a DUI offense, intoxication assault, or intoxication manslaughter, the State will fight against you receiving an ODL.
Additionally, if you are under the age of 21 and you are convicted of an offense listed in the Texas Transportation Code Section 521.342, you may not be able to get an ODL. These offenses relate mostly to drug and alcohol usage.
The Judge Gets to Decide
Whether you get an ODL or not will depend on the judge hearing your case. Some of the things the judge will take into consideration will be your driving history, the reason for suspension and whether you have an actual essential need. The more significant the need, the more likely you are to get an ODL.
Note: This blog post is for informational purposes only. No legal advice is intended by this blog post. For specific legal issues, please contact a licensed attorney to discuss your legal matter.
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