Driving after a DUI in Texas: the Occupational Driver License (ODL)

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

DPS: the arresting officer serves a suspension and/or disqualification notice; the driver has 15 days from the date the notice is served to request an ALR hearing (Tex. Transp. Code § 524.031: not later than the 15th day after receiving notice of suspension, the request must be received by DPS headquarters in Austin in writing, including fax, or by another manner prescribed by DPS). Where a blood specimen is given, DPS mails a Notice of Suspension after receiving the result and the request period is 20 days from the mailing date. Requests may be made online, by mail, email, phone or fax and must identify the driver (name, date of birth, license number and state, address, phone numbers, date and county of arrest, agency, officer, whether the test was failed, refused or not requested, and attorney details if any). Hearings are held by the State Office of Administrative Hearings (SOAH), sch

“You have 15 days from the date the notice is served to request a hearing to contest your driver license suspension and/or disqualification. If a hearing is not requested, the suspension goes into effect on the 40th day after you were served notice.”

Who can get it, and how soon

DPS states an occupational driver license is a restricted license issued when the driver license has been suspended, revoked or denied for certain offenses other than a medical reason or delinquent child support; Tex. Transp. Code § 521.242(a)(2) covers a person ineligible because of a suspension order, including an order under Chapter 524 or 724 (the ALR suspension for a failed or refused test). It cannot be issued to operate a commercial motor vehicle. Under § 521.244(f) the judge may deny the petition if the petitioner cannot show financial responsibility, has been convicted more than once in the preceding 10 years of an offense under Penal Code §§ 49.04-49.08, or is subject to an ODL revocation order.

“An occupational driver license, also called an essential need license, is a special type of restricted license issued to you when your driver license has been suspended, revoked or denied for certain offenses, other than a medical reason or delinquent child support.”

No waiting period is stated in current law for a first ALR suspension. Former § 521.251 (Effective Date of Occupational License), which made an order take effect immediately only if the person had no alcohol- or drug-related enforcement contact in the preceding five years and otherwise delayed it 91 days, 181 days or one year, was deleted by H.B. 291 (88th Legislature), effective September 1, 2023; the current chapter 521 text on the Texas Legislative Council file server contains no § 521.251. Under § 521.249(a) the court order may be used as a restricted license until the 45th day after it takes effect, and DPS states the court order may be used as a driver license for 45 days from the judge's signature while the request is processed. The ALR suspension itself takes effect on the 40th day after notice (§ 524.021), so a person may hold a valid license until then and petition the court at

“Deletes existing text of Section 521.251 (Effective Date of Occupational License).”

Conditions attached to the privilege

As stated by DPS: petition the justice of the peace, county or district court of residence or of the court of original jurisdiction (§ 521.2421: a verified petition setting out the essential need with hours and location of travel, the reason for the suspension, evidence of financial responsibility under Chapter 601 and a certified abstract of the complete driving record); submit to DPS a certified copy of the petition and of the signed court order, a Financial Responsibility Insurance Certificate (SR-22), payment of the occupational license fee ($10 for 1 year or $20 for 2 years, code CCR 0074, payable online on the License Eligibility page or by mail) and payment of all reinstatement fees (the ALR reinstatement fee is $125); proof of lawful presence if not a U.S. citizen; retesting if the person never held a Texas license or it has been expired more than two years. DPS states that when

“A certified copy of the petition and a certified copy of the court order granting the occupational license. The judge has the authority to grant an occupational order. If you are participating in a special drug court program, the petition is not required.”

Where and when it allows driving

DPS: a non-commercial motor vehicle only in connection with work, performance of essential household duties, or school-related activities, and only within Texas. Under § 521.248 the court order specifies the hours and days, the reasons for travel and the areas or routes permitted; driving is limited to four hours in any 24-hour period, or up to 12 hours on a showing of necessity; a travel log may be required. A person restricted to an ignition interlock-equipped vehicle is not subject to the time, reason or location limits (§ 521.248(d)). The order remains valid until the end of the suspension.

“(d) A person who is restricted to the operation of a motor vehicle equipped with an ignition interlock device may not be subject to any time of travel, reason for travel, or location of travel restrictions described by Subsection (a)(1), (2), or (3) or (b).”

How it is issued

A court issues the Occupational Driver License (ODL) by order, which is then presented to the licensing agency.

Official page: dps.texas.gov

The statute: Tex. Transp. Code § 521.242 (subch. L, §§ 521.241-521.253)

“(2) the person does not hold a driver's license and is ineligible to obtain a driver's license because of a suspension order, including an order due to a conviction or an order under Chapter 524 or 724 ;”