The Beltz Law Firm

214-321-4105

Occupational Driver’s License In Dallas

Recently, we have been asked many questions about “Hard Drivers License Suspensions.”  The short answer is that a hard drivers license suspension is a period of time in which a person’s driving privileges are suspended AND the person is not eligible for an occupational drivers license or other type of provisional license.   Essentially, the person is banned from operating a motor vehicle on the public roads.

As far as occupational drivers licenses are concerned, a hard suspension can effect the start date of an occupational license. Here are the rules:

Sec. 521.251.  EFFECTIVE DATE OF OCCUPATIONAL LICENSE.  (a)  If a person's license is suspended under 

Chapter 524 or 724 and the person has not had a prior suspension arising from an alcohol-related or 

drug-related enforcement contact in the five years preceding the date of the person's arrest, an order

under this subchapter granting the person an occupational license takes effect immediately.  However, 

the court shall order the person to comply with the counseling and rehabilitation program required 

under Section 521.245.

(b)  If the person's driver's license has been suspended as a result of an alcohol-related or 

drug-related enforcement contact during the five years preceding the date of the person's arrest, the 

order may not take effect before the 91st day after the effective date of the suspension.

(c)  If the person's driver's license has been suspended as a result of a conviction under Section 

49.04, 49.07, or 49.08, Penal Code, during the five years preceding the date of the person's arrest, 

the order may not take effect before the 181st day after the effective date of the suspension.

(d)  Notwithstanding any other provision in this section, if the person's driver's license has been 

suspended as a result of a second or subsequent conviction under Section 49.04, 49.07, or 49.08, 

Penal Code, committed within five years of the date on which the most recent preceding offense was 

committed, an order granting the person an occupational license may not take effect before the first

anniversary of the effective date of the suspension.

(e)  For the purposes of this section, "alcohol-related or drug-related enforcement contact" has the

meaning assigned by Section 524.001.

The preceding statute has proven to be confusing, even troublesome, for attorneys and judges who must

apply the law to specific cases. Our firm has represented those stuck in the controversy and fought 

to ensure that our they are not wrongfully denied their order granting an occupational license because

the court failed to properly apply the statute to their case. Contact our office to discuss your 

particular case and we can determine if you would be facing a hard suspension as outlined in the 

statute. Our phone consultation is free! 214-321-4105.