Suspended License
Occupational License
License suspensions are an inconvenience, but customarily accompany conviction for many traffic crimes (especially alcohol-related traffic crimes) in the State of Texas. Sometimes, the license suspension can be negotiated. Other times, the defendant has no other option than to request an occupational license, also known as an "Essential Need License".
An occupational license is a restricted license. It is granted by a judge and it is discretionary. It is not a right and a judge can deny or refuse to grant the license. A lawyer will have to prepare the documents, it is not something that is usually done pro se. They are commonly used when a license has been suspended because of a DWI.
If a judge grants the license it will be limited in time, area, and purpose. It is usually granted to go to and from your place of employment. Texas law allows a judge to grant an occupational license for driving up to 12 hours a day. However, the law is to grant only the time that is considered an "essential need" of the driver. There is no standard occupational license and how lenient the judge is varies greatly from County to County.
Driving While License Suspended
Many people are arrested for "Driving While License Suspended". It can be problematic if not handled correctly. If you are convicted of this crime, DPS will re-impose the original penalty on your license. In short, if your license was suspended for a year and you get caught driving... if convicted for that crime, DPS will impose a new one year suspension on your license. I have had great success getting this type of case dismissed or resolved so that it does not create further problems to my clients driver license. Call me so I can put my 17 years of experience to work for you.
Tom O'Leary is an Austin, Texas attorney who served for over 10 years as a prosecutor before beginning his private practice in 1992. He has represented hundreds of individuals in a variety of criminal matters.
If you have any questions, please contact us online or call us at 512.441.9941.