Occupational Driver’s License (ODL) in Smith County, Texas
Losing your driver’s license due to a suspension can severely impact your ability to work, take care of your family, and handle daily responsibilities. If your license has been suspended in Texas, you may be eligible for an Occupational Driver’s License (ODL), a restricted license that allows you to drive legally for essential purposes.
If you need an ODL after a DWI arrest in Smith County, it’s crucial to understand the process and act quickly. An experienced attorney can help guide you through obtaining an ODL and ensure you meet all legal requirements.
What is an Occupational Driver’s License (ODL)?
An Occupational Driver’s License (ODL) is a special, court-ordered license that allows individuals with suspended licenses to drive for essential needs, such as:
✔️ Traveling to and from work
✔️ Attending school or college
✔️ Transporting children or dependents
✔️ Running essential household errands (such as groceries or medical appointments)
An ODL does not restore full driving privileges. Instead, it comes with strict limitations, including time and location restrictions set by the court.
Who Needs an Occupational Driver’s License in Smith County?
If your Texas driver’s license has been suspended, revoked, or denied for any of the following reasons, you may be eligible to apply for an ODL:
- DWI (Driving While Intoxicated) conviction or arrest
- Administrative License Revocation (ALR) due to failing or refusing a breathalyzer test
- Excessive traffic violations resulting in a suspension
- Unpaid traffic tickets or surcharges
- Failure to maintain financial responsibility (auto insurance)
- Drug-related offenses that lead to a license suspension
Who is NOT Eligible for an ODL?
Not everyone qualifies for an ODL. You cannot receive an ODL if you:
❌ Have a Commercial Driver’s License (CDL)
❌ Are currently serving a hard suspension (mandatory waiting period)
❌ Have a prior DWI conviction within the last five years (possible waiting period applies)
❌ Have an active license suspension for medical reasons
ODL After a DWI in Texas: Steps to Apply
If your license is suspended after a DWI arrest, you may be able to obtain an Occupational Driver’s License to continue essential travel. Here’s how:
Step 1: File a Petition with the Court
- You must submit a formal Petition for an Occupational Driver’s License to the appropriate court in Smith County.
- Depending on your case, this may be the county court or district court.
Step 2: Provide Required Documents
To support your petition, you need:
✅ A Certified Abstract of Driving Record (Type AR) from the Texas DPS
✅ An SR-22 Insurance Certificate, proving you have financial responsibility
✅ A Letter from your employer or school (if applicable)
✅ A Court Order for an Occupational Driver’s License (signed by the judge)
Step 3: Pay the Necessary Fees
- Court Filing Fees (varies by county)
- Reinstatement Fees paid to the Texas DPS
- Attorney Fees (if you hire a lawyer to assist you)
Step 4: Attend a Court Hearing
- A judge will review your petition and determine whether to grant an ODL.
- If approved, the court order will outline your driving restrictions, such as:
- Allowed driving hours per day (typically no more than 12 hours).
- Specific locations you are permitted to drive to/from.
Step 5: Submit the Court Order to DPS
- Once you receive court approval, you must send your court order and fees to the Texas Department of Public Safety (DPS) for final processing.
Temporary Driving Authorization
- If your ODL is approved, the court may grant a 30-day temporary permit so you can drive legally while waiting for DPS to issue the final ODL.
Common Restrictions on an ODL
If the court grants you an Occupational Driver’s License, it will come with strict limitations:
Driving Hours: You may only be allowed to drive up to 12 hours per day (in some cases, less).
Designated Routes: Your ODL may specify exact locations you are permitted to travel.
Ignition Interlock Device (IID): If your license suspension is due to a DWI, the court may require you to install an IID in your vehicle.
No Non-Essential Driving: Recreational or unnecessary driving is strictly prohibited.
Failure to follow these restrictions can result in criminal penalties and additional suspension time.
Why Hire an Attorney for Your ODL?
Although you can apply for an Occupational Driver’s License on your own, working with an experienced attorney increases your chances of approval and ensures that:
✔️ All necessary legal documents are filed correctly
✔️ Your petition is submitted to the right court in Smith County
✔️ You avoid unnecessary delays caused by missing paperwork
✔️ You have legal representation at your court hearing
✔️ Your driving restrictions are fair and reasonable
Frequently Asked Questions About ODLs in Texas
Q: How long does it take to get an Occupational Driver’s License?
A: The process typically takes 1 to 2 weeks, but in some cases, the court can grant a temporary driving permit within 24-48 hours after your hearing.
Q: How long is an ODL valid?
A: An ODL is usually valid for one to two years, but renewal may be required depending on your suspension period.
Q: Can I drive anywhere with an ODL?
A: No. The court order will specify when and where you are allowed to drive (e.g., work, school, medical appointments).
Q: What happens if I drive outside my ODL restrictions?
A: Driving outside of your permitted hours or locations is a criminal offense and can lead to additional penalties, fines, or even jail time.
Q: Can I apply for an ODL if I have a prior DWI?
A: Yes, but you may have to wait up to 6 months before becoming eligible, depending on your previous DWI history.
Contact Cheryl A. Wulf for Help with Your ODL
If your Texas driver’s license has been suspended, don’t wait—get the legal help you need to regain your driving privileges.
Cheryl A. Wulf, Attorney at Law has extensive experience helping individuals in Smith County obtain Occupational Driver’s Licenses after suspensions, including DWI-related cases.
Call Now: (903) 525-9869
Office Address: 11702 State Highway 64 E, Tyler, TX 75707
