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Occupational Driver’s License In Dallas

Depending on the reason for a license suspension, an occupational license may include additional conditions imposed by the discretion of the presiding judge or mandated by state law in order to operate a motor vehicle.   The most common condition of an occupational license is the installation of an interlock breath device on any vehicle driven by the petitioner. There are other, less common, conditions that may be imposed or must be imposed depending on the reason for the suspension.

First, the Texas Transportation Code provides:

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).

Here, the completion of alcohol counseling is a condition when the person’s license has been suspended for failing to pass a breath or blood test for blood alcohol content (Chapter 524) or failing to comply with the implied consent laws concerning taking a breath or blood sample (Chapter 724).

Another condition that may be imposed:

Sec. 521.2461.  TESTING FOR ALCOHOL OR CONTROLLED SUBSTANCES.  The court granting an occupational license under this subchapter may require as a condition of the license that the person submit to periodic testing for alcohol or controlled substances, to be conducted by an entity specified by the court, if the person’s license has been suspended under Chapter 524 or 724 or as a result of the person’s conviction of an offense involving the operation of a motor vehicle while intoxicated.

Here, the condition is at the discretion of the presiding judge and should be included in the occupational license order as a condition.

Finally, a very rare (in our experience) condition is:

Sec. 521.2462.  SUPERVISION OF PERSON ISSUED OCCUPATIONAL DRIVER’S LICENSE.  (a)  The court granting an occupational license under this subchapter may order the person receiving the license to:

(1)  submit to supervision by the local community supervision and corrections department to verify compliance with the conditions specified by the order granting the license, including the conditions specified in accordance with Section 521.248; and

(2)  pay a monthly administrative fee under Section 76.015, Government Code.

(b)  The court may order the supervision to continue until the end of the period of suspension of the person’s driver’s license, including any extensions of that period.

(c)  The court for good cause may modify or terminate supervision before the end of the period of license suspension.

Dallas Occupational License Attorney

As you can see, an occupational license can include conditions required under the law and discretionary upon the judge’s opinion of your particular situation.