Occupational Driver's License

• Author: Deandra M. Grant/Kimberly Griffin Tucker
• Pages: 139-164

OCCUPATIONAL

DRIVER’S LICENSE

4-1

CHAPTER 4

OCCUPATIONAL DRIVER’S LICENSE

I. ELIGIBILITY

A. In General

§4:01 What Is an ODL?

§4:02 Which ODL Is Right for your Client?

§4:03 Who Is Eligible for an ODL?

B. Waiting Periods and Hard Suspensions

§4:10 First-Time Offenders: No Waiting Periods or Hard Suspensions

§4:11 Essential Needs ODL: Waiting Periods and Hard Suspensions for Offenders with Prior Contacts

§4:12 What Is an Alcohol-Related or Drug-Related Enforcement Contact?

§4:13 Prior Suspension and Prior Contact Within Five Years

§4:14 Prior Suspension for Subsequent Conviction and Current Conviction Suspension

§4:15 DLD ODL: No Waiting Periods or Hard Suspensions

II. REQUIREMENTS FOR OBTAINING AN ODL

A. Essential Need ODL

§4:30 What Is It?

§4:31 When Should an Essential Need ODL Be Used?

B. DLD ODL

§4:40 What Is It?

§4:41 When Should the DLD ODL Be Used?

§4:42 Monitoring of Interlock-Restricted ODLs by Probation

III. PREPARING THE PETITION AND ORDER

A. All ODL Petitions

§4:50 Drafting an ODL Petition—a General Checklist

B. Essential Need ODL Petition and Order

§4:60 Drafting an Essential Need ODL Petition

§4:61 Occupation as an Essential Need

§4:62 Education as an Essential Need

§4:63 Household Duties as an Essential Need

§4:64 Four-Hour Limit

§4:65 Drafting an Essential Need ODL Order

C. DLD ODL Petition and Order

§4:70 Drafting a DLD ODL Petition

§4:71 Drafting a DLD ODL Order

D. Notice to the State

§4:80 Not Required for ALR Suspensions or Out-of-State Convictions

§4:81 Notice to the State Is Required for Texas Convictions

OCCUPATIONAL

DRIVER’S LICENSE

Texas DWI Manual 4-2

IV. VENUE

§4:90 Filing Petition

§4:91 Suspension by Administrative Order

§4:92 Suspension by Conviction

V. HEARING

§4:100 Hearing May Be Ex Parte

§4:101 Essential Needs ODL Hearings

§4:102 Is a Hearing Required for a DLD ODL?

VI. COURT ORDERED CONDITIONS

§4:110 Alcohol or Substance Counseling & Remedies for Failure to Comply

§4:111 Alcohol or Controlled Substances Testing

§4:112 DLD Installation Is Now Mandatory for All Conviction Suspensions

§4:113 Exception for Employer-Owned Vehicles

VII. AFTER THE HEARING

§4:120 Obtaining the ODL from DPS

§4:121 Documents to Submit to DPS

§4:122 SR-22 Insurance

§4:123 Understanding the SR-22 Insurance Form and its Impact on Your Client

§4:124 Driving While Waiting for ODL from DPS

VIII. REVOCATION AND PENALTIES

§4:130 Revocation of ODL

§4:131 Suspension of ODL for Failure to Attend Counseling

§4:132 Criminal Penalties for Violation of ODL Order

IX. FORMS

4-1 Essential Need Petition—Logbook

4-2 Essential Need Occupational Driver’s License Order—Logbook

4-3 DLD ODL Petition

4-4 DLD ODL—Order

4-5 Suspension Period Chart

4-6 Reinstatement Fee Letter

4-7 SR-37