The Beltz Law Firm
The fact that you need an occupational drivers license (ODL) is stressful enough, but, not knowing where to file for one is worse. Fortunately, the law is pretty clear on this subject and our office has been doing this long enough to know where to get your ODL filed. For reference purposes, the law provides that an ODL is to be filed as follows:
- A person may apply for an ODL by filing a verified petition with the clerk of the county court or district court in the county the person resides or where the offense occurred for which the license was suspended AND the person’s license was not suspended for a medical disability or impairment or a conviction under Section 49.04 of the Texas Penal Code.
- A person may apply for an ODL by filing a verified petition ONLY with the clerk of the county court or district court in which the person was convicted if the person’s license has been automatically suspended or canceled under Chapter 521 of the Texas Transportation Code for a conviction of an offense under the laws of this state AND the person has not been issued, in the 10 preceding years from the date of filing the petition, more than one ODL after a conviction under the laws of this state.
Basically, if your license was suspended for reasons other than an Intoxication conviction or medical disability or impairment, you can file in the county where you reside OR in the county where the offense occurred that suspended your license. For example, if you live in Plano (Collin County) but received a Driving While License Invalid (DWLI) conviction in Dallas county, then you can file for an ODL in either county.
If your license was suspended for an Intoxication conviction or other conviction for which an automatic suspension is required (see Section 521.341 Tx Trans. Code), then you must file your petition in the county where the conviction occurred.
***This is for informational purposes only and should not be construed as legal advice***
Call our office to discuss your particular case. We charge nothing to review your situation and we can help you determine which county best suits your needs to file for an ODL.