September 14, 2012
THE BELTZ LAW FIRM
There are many potential conditions for an occupational license holder dependent upon his/her particular situation, e.g., reason for suspension, number of suspensions, etc. If a person failed a breath or blood test for intoxication (Section 524) or his/her license was suspended under the Texas implied consent laws (Section 724) then an occupational license for that person must attend an alcohol awareness class, or similar alcohol dependency program, as follows:
Sec. 521.245. REQUIRED COUNSELING. (a) If the petitioner’s license has been suspended under Chapter 524 or 724, the court shall require the petitioner to attend a program approved by the court that is designed to provide counseling and rehabilitation services to persons for alcohol dependence. This requirement shall be stated in the order granting the occupational license.
(b) The program required under Subsection (a) may not be the program provided by Section 521.344 or by Section 13, Article 42.12, Code of Criminal Procedure.
(c) The court may require the person to report periodically to the court to verify that the person is attending the required program.
(d) On finding that the person is not attending the program as required, the court may revoke the order granting the occupational license. The court shall send a certified copy of the order revoking the license to the department.
(e) On receipt of the copy under Subsection (d), the department shall suspend the person’s occupational license for:
(1) 60 days, if the original driver’s license suspension was under Chapter 524; or
(2) 120 days, if the original driver’s license suspension was under Chapter 724.
(f) A suspension under Subsection (e):
(1) takes effect on the date on which the court signs the order revoking the occupational license; and
(2) is cumulative of the original suspension.
(g) A person is not eligible for an occupational license during a period of suspension under Subsection (e).
The condition is included in the person’s driving record and if he/she fails to complete the course, their drivers license remains suspended until completed. In other words, not only is the alcohol awareness class an important condition of the occupational license but also necessary to reinstating the original drivers license when eligible.
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