Occupational Driver's License

• Author: Deandra M. Grant/Kimberly Griffin Tucker
• Pages: 125-150

4-1

CHAPTER 4

OCCUPATIONAL DRIVER’S

LICENSE

I. Eligibility for an ODL

A. In General

§4:01 What Is an ODL?

§4:02 Who Is Eligible for an ODL?

§4:03 Who Is Not Eligible for an ODL?

B. Waiting Periods

§4:10 No Prior Suspension or No Prior Contact Within Five Years

§4:11 Prior Alcohol or Drug-Related Enforcement Contacts

§4:12 Prior Suspension and Prior Contact Within Five Years

§4:13 Prior Suspension for Subsequent Conviction and Current Conviction Suspension

II. ODL Petition

§4:20 Statutory Requirement: Verified Petition

§4:21 Drafting an ODL Petition

§4:22 Occupation as an Essential Need

§4:23 Education as an Essential Need

§4:24 Household Duties as an Essential Need

§4:25 Four-Hour Limit

§4:26 Notice to the State Not Required for Administrative Suspensions

§4:27 Notice to the State Required for Convictions and Minors

III. Venue

§4:40 Filing Petition

§4:41 Suspension by Administrative Order or Justice Court Action

§4:42 Suspension by Conviction

IV. Hearing and ODL Order

A. General Points

§4:50 Is a Hearing Required?

§4:51 Contents of ESSENTIAL NEED ODL Order

§4:52 Contents of DLD ODL Order

B. Court Ordered Conditions of ODL

§4:60 Alcohol or Substance Counseling

§4:61 Alcohol or Controlled Substances Testing

§4:62 When Court May Order IID Installation

§4:63 When IID Installation Is Mandatory

§4:64 Exception for Employer-Owned Vehicles

Texas DWI Manual 4-2

V. After the Hearing

§4:80 Obtaining the ODL

§4:81 Documents to Submit to DPS

§4:82 Driving While Waiting for ODL

§4:83 Obtaining an ODL When Ignition Interlock Device Is Required

§4:84 Removing Ignition Interlock Device

VI. Use, Revocation, and Penalties

§4:90 Use of ODL

§4:91 Revocation of ODL

§4:92 Suspension of ODL for Failure to Attend Counseling

§4:93 Criminal Penalties for Violation of ODL Order

VII. Forms

4-1 Essential Need ODL Worksheet for Client/Staff

4-2 Petition—Logbook

4-3 Order Granting Occupational Driver’s License—Logbook

4-4 Petition—Driving Schedule

4-5 Order Granting Occupational Driver’s License—Driving Schedule

4-6 DLD ODL – Petition & Order

4-7 Suspension Period Chart

4-8 Waiting Period Chart

4-9 Reinstatement Fee Letter

4-10 SR-37