When Can The District Attorney Contest An ODL Petition
Most people who petition for an occupational license need it following a conviction for a specific driving offense or following a driving while intoxicated conviction. Usually, an ODL petition goes unopposed by the District Attorney for the county where the petition is filed. However, a petition may be opposed and the District Attorney may intervene if they feel it is in the best interest of society to prevent the petitioner for operating a motor vehicle at all. The statutes regarding ODL hearings allow for participation of the District Attorney in certain ODL petition scenarios and it is optional in others. Here are the cases where the District Attorney has a right to be present and formally object to an ODL petition:
- An offense under Section 49.04 of the Texas Penal Code: Driving While Intoxicated
- An offense under Section 49.07 of the Texas Penal Code: Intoxication Assault
- An offense under Section 49.08 of the Texas Penal Code: Intoxication Manslaughter
- An offense under Section 19.05 of the Texas Penal Code: Criminally Negligent Homicide
- An offense under Section 521.342 of the Texas Transportation Code: Under 21 Years Old DWI, Possession, etc.
It is important to know and understand what are the state’s rights when petitioning for an occupational license. We have the experience to properly advise and argue for an occupational license when necessary. Do not attempt to do so on your own without proper representation. For a review of your occupational license or for a free consultation, please do not hesitate to contact our office at the numbers listed below. Thank you.
1) By Phone – 214-321-4105
2) In Person – We are located at 8360 Lyndon B Johnson Freeway, #260 and are available Mon – Friday from 9:00 a.m. – 5:00 p.m.
3) Via Live Chat
4) By Email – You can email our office by filling out the form on THIS PAGE