Justice of the Peace,
OCCUPATIONAL DRIVER's LICENSE (ODL)
When a driver's license or privilege has been suspended, that driver MAY be eligible
for a special license which will allow the driver to operate a motor vehicle
under limited conditions.
- The driver must cause an application to be submitted. This is a civil proceeding with a civil filing fee
of $51.00. An applicant may file an "Affidavit of Inability To Pay Costs" in lieu of
- Commercial operators
operating commercial vehicles may not apply for ODL and are ineligible
EXCEPT a commercial operator MAY have an ODL for a PRIVATE
- If a Driver's License
was suspended AUTOMATICALLY SUSPENDED or CANCELLED for a conviction
listed in Subchapters O&P of Chapter 521 of the Transportation Code, the
Driver should apply in the Court where they were convicted.
- A minor may apply if
they would otherwise be eligible subject to the limitations of Transportation
Code 524.022 (d), i.e.;
minor (< 21 YOA) will be suspended for the first 30 days for first offense
of "Fail to Pass Intoxication Test" if
no prior conviction according to TABC Code 106.041, Penal Code 49.04 (DWI) ,
49.045 DWI w/Child rider, 49.06 Boating While Intoxicated, 49.07 Intoxication
Assault, 49.06 Intoxication Manslaughter. The first 90 days if a minor had one
prior conviction of above and the entire period if minor has two or more
convictions. ( An order for deferred adjudication
under Title 3 of the Family Code (Juvenile Justice Code) are considered convictions for the purpose of
- Eligibility for an Occupational License in JUSTICE COURT:
- The applicant must have a driver"s license or privilege which has been suspended.
- Must NOT be suspended due to a physical or mental disability.
- May be suspended for:
- Failure to pay surcharges.
- Refusal to submit a breath or blood test following a DWI stop.
- Providing a breath/blood sample with over .08 BAC following a DWI stop.
- A suspension under 521.292 of the Texas Transportation Code
Procedure or Application Process For ODL
Fill out the application AND the ORDER (Download Application and Order)
Submit the Application and the Order to the Clerk of the Court by mail or in person
with the proper fee then:
- Submit a CERTIFIED copy of the driving record (Download DR-1 Form)
- Submit proof essential need such as a letter from the employer verifying employment or a
Doctor and the essential need to drive.
- Submit the hours which are essential to drive in. Make sure the Court has been provided an
amount of time to drive to and from the employment or other essential need.
- No more than twelve (12) hours will be allowed to operate a motor vehicle and that is ONLY
if there is essential need.
- Give the area which essential need is demonstrated. The counties the driver must drive in.
This ODL does not apply to other states, Texas ONLY.
- Must supply a SR-22 to show proof of financial responsibility under Section 601 of the Texas Transportation Code.
- There may be a face-to-face hearing required at the Judge's discretion.
- In some cases and Ignition Interlock Device may be required.
If the driver's license has been suspended for (1) Failure to pass an intoxication test or (2)
Refusal to submit a breath or blood specimen the applicant will be required to
attend a program designed to provide counseling and rehabilitative services.
The Court may require testing for alcohol and/or other drugs.
The Court may require community supervision.
- If the device is required as a condition of bond.
- If there is a device order pursuant to a condition of community supervision.
ISSUANCE of the ODL and REQUIREMENT to HAVE the ORDER WHEN DRIVING
- DPS WILL ISSUE AN ODL WHEN:
- The signed order is effective.
- After compliance with Section 601 (regarding financial responsibility)
- After payment of the fees required.
- Payment of a $10.00 per year fee.
- There may be reinstatement fees as well.
- An ODL driver MUST have a certified copy of the order in
their possession at ALL times they are driving along with the ODL issued by DPS
and allow any officer to examine the order upon their request. Failure to
comply with these requirements may result in dire consequences.
- The Order remains valid during the entire period of the
suspension. The ODL (Issued by DPS) may be required to renew (by DPS) but there
is not a need for reapplying for the ORDER.
- Violations of ODL may include Class B Misdemeanor (up to 6 months in jail and a fine ).
- For violating a condition of the Order.
- Failure to have a copy of the Order in their possession.