Occupational Drivers License | Lewisville Attorneys
When a driver either fails or refuses to submit to a breath/blood test, the resulting suspension against his/her driving privileges becomes effective forty (40) days after the driver was asked to provide a breath or blood specimen unless a requests is made for an administrative license hearing within fifteen (15) days of his/her arrest. Therefore, the suspension for failing or refusing a breath or blood test is only automatic if the driver fails to request a hearing.
The law requires the Police to take possession of a person's Texas driver's license after being arrested for DWI. This makes if very difficult for someone to travel on business and get a rental car if necessary. That is why it is very important to hire an attorney experienced with the administrative license hearing process because it is possible to prevent the suspension of the driver's license. If prevented, the Texas Department of Public Safety is obligated to return the license to the person arrested.
However, if the police have properly followed procedure and you have failed or refused a breath or blood test, it is not always possible to prevent a license suspension. In these cases, the attorneys of Julian, Crowder & Shuster, P.C., will work diligently to you get an occupational driver's license.
The granting of an occupational drivers license requires the filing of a Petition and getting an Order signed by a judge granting you the right to drive. This includes a filing fee and various other expenses that the Department of Public Safety requires, including but not limited to SR-22 insurance and reinstatement and issuance fees.
An occupational driver's license is not automatically granted. You must show good cause to a judge as to why an occupational driver's license is needed, but that cause can be shown by proving the need to drive to and from work, to medical appointments, to school, as well as to perform essential household duties.
An occupational driver's license will have restrictions, depending upon your alleged offense. Failing or refusing to take a breath test will usually result in license restrictions allowing you to drive only 12 hours each day.
While we always try to preserve our clients' full driving privileges, an occupational driver's license is often the best solution once our client's driving privileges have been suspended.
