Typical Restrictions and Conditions of Occupational Licenses
The Beltz Law Firm
Also known as a “Conditional License,” an Occupational Drivers License (ODL) allows the holder to operate a motor vehicle for specific purposes and with specific conditions. Typically, an ODL carries with it specific mandatory conditions and discretionary conditions. Here are a few ODL conditions and restrictions:
- Unless granted by the judge, an ODL is valid for the operation of a motor vehicle for a maximum of four hours in a 24 hour consecutive period. If petitioned for and granted, a holder may be granted up to 12 hours of drive time in a 24 hour consecutive period.
- The ODL requires that the holder maintain SR-22 insurance throughout the period granted by the judge.
- The petition must be verified. In other words, it must be sworn to by the petitioner (the driver) as being true and correct.
- If the petitioner’s license has been suspended under Chapter 524 or 724 of the Transportation Code, the court shall require the petitioner to attend a program designed to provide counseling and rehabilitative services to persons for alcohol dependence. This is mandatory and if the person fails, his ODL can be suspended.
- If the petitioner’s license has been suspended after a conviction under 49.04, 49.07, or 49.08 of the Texas Penal Code, the court shall look at the person’s criminal history and determine if the person has any previous convictions under those sections of the Texas Penal Code. If the person has no prior convictions, the judge MAY require the person to operate a vehicle only if it is equipped with an ignition interlock. If the person has 2 or more previous convictions under section 49.04, 49.07, or 49.08 of the Texas Penal Code or the person was convicted under 49.04 and punished under 49.09, the judge SHALL require the person to operate a motor vehicle only if it is equipped with an ignition interlock. The key here is to understand that any prior convictions will result in the mandatory condition of having an ignition interlock. Otherwise, it is at the discretion of the judge.
- If the petitioner’s license has been suspended under Chapter 524 or 724 of the Transportation Code or for a conviction involving the operation of a motor vehicle while intoxicated, the court MAY require as a condition of the ODL that the person submit to periodic testing for alcohol or controlled substances.
- The court MAY order the petitioner to report to a probation officer and pay probation fees as a condition of their ODL. Again, this is discretionary upon the judge. The judge may terminate this condition for good cause before the end of the suspension period.
- The petitioner SHALL carry a certified copy of the ODL petition and order while operating a motor vehicle and SHALL allow a peace officer to examine the order on request.
As you can see, ODL’s are not “Get Out of Jail Free” cards. They are serious documents and require strict compliance and understanding. Our office has the experience to guide you through the process and get you back on the road legally. Call today to set up a free consultation.