Essential Need or Occupational Drivers Licenses in Texas 1

Cluiles B. Biud` Fiye Cluiles B. Biud` Fiye Cluiles B. Biud` Fiye Cluiles B. Biud` Fiye
Attoiney und Counseloi ut Luw Tle Niels Espeison Building
808 Tiuvis, Suite 808
Houston, Texus 77002
713.236-8700 Ollice
713.229-8031 Telecopiei
281.68S-7630 Cell
www.cluilesbliye.com
ESSENTIAL NEED OR OCCUPATIONAL DRIVER'S LICENSES
IN TEXAS
In Texas, when a person is convicted of driving while intoxicated (DWI), or their drivers
license is suspended in an Administrative License Revocation (ALR) proceeding or another
administrative proceeding or action brought by the Department of Public Safety (DPS), then
during that suspension that person may be eligible to obtain a court order for the issuance of an
essential need or occupational drivers license. (We lawyers use the labels essential need
license and occupational license interchangeably, and once the court has ordered that you may
obtain a license, the DPS issues what it calls a restricted license.)
The essential need or occupational license proceeding is governed by the Texas
Transportation Code and is conducted, normally, in a county court or county court at law, though
district courts may have jurisdiction as well. Depending on the county, the proceeding to obtain
the license is either in the same court as handled the DWI case or in another court with civil
jurisdiction. Some counties have special procedures. (See Montgomery County and Harris
County procedures, discussed below.)
The Department of Public Safety requirements for the issuance of a Texas Essential Need
or Occupational Driver's License are:
1) A County or District Court Order, or an Order from the Court in which the person was
convicted granting an Occupational Driver's License. The Order shall be definite as to
hours of the day, days of the week, specific reasons for travel, and the areas of routes of
travel to be permitted. Actual travel time does not have to be continuous, but specific
hours must be stated in the Court Order, and shall not exceed twelve (12) hours in any
given twenty-four (24) consecutive hour period. (This means that, before you can expect
DPS to issue your restricted license, you must file a court proceeding to obtain the order
granting you the essential need or occupational license.
2) Proof of financial responsibility by filing Form SR-22 (typically the pink certificate of
liability insurance). An insurance agent can assist you in obtaining the SR-22 and
sometimes they can be obtained online.
Essential Need or Occupational Drivers Licenses in Texas 2
3) You must complete Texas DPS Form DIC-37, providing information to appear on the
Essential Need or Occupational Driver's License.
4) You must pay the fees required by the Department of Public Safety:
A reinstatement fee is required under the Safety and Responsibility Act (Court
Costs Fees are separate), and
A $10.00 Fee for the issuance of the Essential Need or Occupational Drivers
License payable to the DPS ($10.00 fee for one (1) year or less).
There are other fees associated with the proceeding, but they are court costs, and are paid
to the clerk of the court where your petition for an essential need license is filed.
The following rules are applicable to any person who has had the Drivers License
suspended due to a conviction of Driving While Intoxicated, (DWI), or driving privileges
revoked by the Department of Public Safety for any reason, and wishes to obtain an occupational
license during the period of suspension. Additionally, these requirements must be met before a
court will order that you are entitled to an essential need license.
As mentioned above, an Occupational License will not be issued by the Department of
Public Safety unless the driver has obtained liability insurance. You must obtain Form SR-22 and
verification of purchase of at least six (6) months of liability insurance and present it to the court
at the time of your hearing or the submission of your petition for an essential need license.
You must obtain, and present it to the court at the time of your hearing or the submission
of your petition for an essential need license, a copy of your driving record. Some counties or
courts may obtain that record at the time of or before your hearing, but you will be able to obtain
a copy from the Texas Department of Public Safety.
You or your lawyer must prepare and file with the clerk of the court a Petition for
Essential Need License. This is basically your request to the court to consider granting you a
restricted license. In the Petition you must set out the reasons you need to drive during the period
of your suspension. Also in the Petition, you must be specific as to the area and times in which
you will be driving.
In Montgomery County, Texas, your attorney may be able to convince the judge who is
hearing your DWI case to also hear your petition for an occupation license. Alternatively, one of
the county courts at law is normally assigned to hear all of the Petitions for occupational licenses.
Once you file the petition with the required paperwork and attachments, the clerk will forward
your application to the judge and you will be notified of the outcome or the necessity of an in-
person hearing.
Essential Need or Occupational Drivers Licenses in Texas 3
In Harris County, Texas, if your license is suspended because of a DWI or associated
matter, (such as the ALR suspension which is present in most DWI cases), most of the civil
courts will not hear your petition, but will require that you file it with the court that is hearing or
had heard your DWI case or other case associated with the suspension. Courts in Harris County
are generally specialized, with certain courts hearing only civil cases and other courts hearing
only criminal cases.
The law provides that if you are granted an occupational license, your driving privileges
are limited not only to a specific geographic area (usually your home county and counties
nearby), but you are also limited as to when and where you can drive. The law provides that you
can drive no more than four (4) hours per day, although, if there is a specific need, the court can
allow you to drive up to twelve (12) hours a day. (Texas Trans. Code, Title 7 521.248). Most
courts will allow twelve cumulative hours of allowable driving time per day, once you
demonstrate the need. You must be specific as to the number of hours per day you will need and
that need must be justified, based on your particular occupational, educational or household
duties.
The Petition filed for an occupational license must be sworn to, and often it is verified by
your signature in front of a Notary Public.
Once you have obtained the SR-22 and your driving record, and prepared the Petition, it
must be filed with the clerk of the court and the filing fee paid. At that point, depending on your
county and the courts procedures, a hearing will be set and you will be notified to appear, or the
court will consider your Petition by submission, and you will not be required to appear and the
clerk will notify you of the courts action on your request.
When the Judge signs the Order granting the Occupational License, the Court Clerk will
prepare two (2) certified copies of the Application and Order. You must keep one (1) set with
you at all times while you are in the vehicle. It shall serve as a restricted license, and shall remain
in effect until the 31st day after the date on which the Order takes effect (Texas Trans. Code,
Title 7 521.249 (a). The other set is for you to mail or take to the Department of Public Safety.
However, many counties and courts require you to prepare a proposed order setting out what
you want the order to provide. And, some counties and courts have their own pre-printed form
orders, where you must fill in the blanks and make certain selections from the options
provided. Whichever kind of order the court uses, it must be signed by the Judge and a certified
copy provided to you and the Texas Department of Public Safety before you may safely (and
legally) drive.
If the clerk of the court does not send the forms to the Texas Department of Public Safety,
then you must then take or mail the certified forms, along with the pink copy of the SR-22, the
completed DIC-37, and any necessary fees to the Department of Public Safety.
Essential Need or Occupational Drivers Licenses in Texas 4
Once the clerk has provided you with a certified copy of the Courts order, and you have
ensured that the Department of Public Safety is going to get a copy of the order and the required
documents, you may legally drive on two conditions: first, that you only drive during the times
and under the conditions set out in the order and, importantly, that you ALWAYS carry a
certified copy of the court order allowing you to drive in your car, with you. Section 521.250 of
the Texas Transportation Code explicitly provides that a person who is issued an occupational
license shall have in the person's possession a certified copy of the court order granting the
license while operating a motor vehicle. The person shall allow a peace officer to examine the
order on request.
You should keep in mind that the Court is not required to grant your request for an
essential need or occupational license. In fact, some courts, depending on your driving record
and criminal history, will not issue one, or, if they do, they will tack on additional requirements,
such as ignition interlocks. You should almost always consult with an attorney regarding your
chances for obtaining an essential need license before filing the petition. And, as is explained
below, sometimes you just cant get an essential need license, because the law forbids it.
If you want to learn more about the statutory requirements for the essential need or
occupational license in Texas, review these sections of the Texas Transportation Code,
available online: Sec. 521.248. ORDER REQUIREMENTS; Sec. 521.249. NOTICE TO
DEPARTMENT; ISSUANCE OF OCCUPATIONAL LICENSE; Sec. 521.250. COURT
ORDER IN OPERATOR'S POSSESSION.
A Hard Suspension Means NO Occupational Drivers License
Texas Transportation Code, Title 7, 521.251 states, in part, that:
-- If the persons drivers license has been suspended as a result of an alcohol-
related or drug-related enforcement contact during the five (5) years preceding the
date of the persons arrest, the Order may not take effect before the 91st day after
the effective date of the suspension.
-- If the persons drivers license has been suspended as a result of a conviction
under Sec. 49.04, 49.07, 49.08, Penal Code, during the five (5) years preceding
the date of the persons arrest, the Order may not take effect before the 181st day
after the effective date of the suspension.
These time periods are what are known as hard suspensions, and apply to repeat alcohol
or drug offenders. This means that you cannot obtain an occupational license during these
periods your license is suspended and your privilege to drive in Texas has been suspended
without exception for those time periods.
For more information: www.charlesbfrye.com
Essential Need or Occupational Drivers Licenses in Texas 5
* * *
The information you obtain from this article is not, nor is it intended to be, legal advice. You
should consult an attorney for advice regarding your individual situation. We invite you to
contact us and welcome your calls, letters and electronic mail. Contacting us does not create an
attorney-client relationship. Please do not send any confidential information to us until such time
as an attorney-client relationship has been established.
Mr. Frye is not certified by the Texas Board of Legal Specialization. Mr. Frye is licensed to
practice law in the State of Texas and is admitted to practice in all courts in the State of Texas,
and also is admitted to federal criminal and civil practice before the United States Supreme
Court, the Fifth Circuit Court of Appeals, and the Southern and Eastern Districts of Texas.
Any links to external Web sites pages or returned from Web search engines are provided as a
courtesy. They should not be construed as an endorsement by Mr. Frye of the content or views of
the linked materials.