License Suspensions Occupational Licenses

Occupational Licenses

Licenses can be suspended for many reasons. Among those are DWI, Driving with License Invalid, Safety Responsibilities Violations, Failure to Complete Required Drug Classes, Conviction of Failure to Provide Insurance, Habitual Violation of Moving Traffic Laws, Nonpayment of Surcharges or something as minor as Failure to Pay a Traffic ticket in Texas or another state. At the Law Office of Nate Stark, we regularly solve people’s problems with their license and get them back on the road - legally!

  1. ALR HEARING:
    If you feel that you were wrongly stopped and accused of Driving While Intoxicated, you have the right to appeal your suspension. A request for an ALR (Administrative License Revocation) hearing is a proceeding which determines whether you are at fault for the suspension of your license. You must submit a written request, no later than 15 days from your arrest. We routinely request hearings for clients with evidence that supports no basis for suspension. Once a request is submitted, it will be turned into the State Office of Administrative Hearings for discovery request and administrative hearing. Once a hearing is scheduled, you will be required to attend the morning or afternoon hearing at the State Office of Administrative Hearings. If the hearing officer finds no basis for the suspension your license can be reinstated even though the criminal prosecution may continue. If the judge finds: 1) that the stop is valid; 2) you are licensed to drive in the state of Texas; 3) you are driving in a public place; 4) you were legally stopped; 5) that the police officer conducted a proper DWI investigation indicating that you’re intoxicated; and 6) either properly requested a breath test, which you failed or you refused his request for a blood or breath sample, your license will be suspended under the Statute. That suspension can be as little as 90 days to as much as 3 years.

  2. OCCUPATIONAL LICENSE OR PROVISIONAL LICENSE:
    Your license will be suspended on the 40th day after your arrest or if you lose an ALR Hearing. You cannot get an occupational license until the regular license has been suspended. DPS will not issue an occupational license if your license has not yet been suspended nor will they issue an occupational license if you have overdue surcharges or any failure to pay/appear issues with any Texas courts.

    There are several mandatory components to obtaining an occupational license. You will need to provide proof of SR-22 insurance, which may be obtained by your current insurance carrier or provided by another independent insurance company. Most find that going to another insurance carrier in addition to their current insurance company can be more affordable and will not hike up their current insurance rates. You will also need to obtain at least a 3-year history of your driving record available online (www.texas.gov). The cost for this driving record is likely $6.00. You are also required to pay Travis County filing fees for the occupational license and DPS reinstatement and license issuance fees. We will collect these fees and forward payment on your behalf along with the occupational license documentation.

    Our office routinely obtains occupational licenses, even in difficult cases. Occupational licenses are only valid for work, school, care of minor children, court ordered rehabilitation classes and essential household duties. The licenses are only issued for a maximum of 12 hours in any 24-hour period. Hours do not need to be consecutive and can be different daily as long as they are a total of 12 hours per day. Driving outside the restrictions of the occupational license can expose the driver to arrest for Violation of an Occupational License, which is a Class B misdemeanor and may result in revocation of the occupational license.

    Once your attorney has filed your application for an occupational license with the court, our office will provide you with an original, certified copy of the Order Granting an Occupational License which must be kept with you at all times when driving (along with your SR22 and driving log) as it is serves as your driver’s license for 30 days, until DPS sends your plastic license to you in the mail. Our office will also mail the documentation and payment of appropriate fees to DPS. In some instances, clients may elect to mail their documents and payment to DPS Compliance Center themselves.

    You do not have to plea to two or more DWIs to be in the court, it is not more expensive and intake information is not shared. The TAIP evaluation is made by the probation department, which uses the same evaluation that you can receive if you were placed on probation. All of the paperwork filled out is not made part of the County Attorney’s regular file. The County Attorney’s copies are kept in a separate and confidential file. The DWI Court is more counseling intensive, but the counseling can be same as Intensive Outpatient and After Care. DWI court may not be right for you. We will be glad to discuss this option with you so you can make an informed choice as to whether participation in DWI Court would be a positive in your particular circumstance.

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