Texas Legal Process:
Administrative License Revocation (ALR) Hearings & Occupational Drivers Licenses
There are a variety of crimes that carry the possibility of a driver’s license suspension. This suspension could be triggered at the time you are arrested or if you accept a final conviction on the crime you are facing. The Department of Public Safety (DPS) operates independently from your criminal case. If you have been given notice your license will be suspended, it is important you discuss your options regarding your license with your attorney as soon as possible. You will have a limited timeframe to contest a license suspension and if you miss this window, you will be unable to fight for your license to stay active.
You can fight your license suspension in an Administrative License Revocation (ALR) hearing. ALR hearings are special hearings conducted by the State Office of Administrative Hearings (SOAH) and have nothing to do with your criminal case.
- You only have limited time from the date of your arrest to request an Administrative License Revocation (ALR) hearing regarding the suspension of your driver’s license.
- If you fail to request a hearing within the timeframe, your license will be suspended.
- In order to legally drive, you will have to petition the court for an Occupational Driver’s License
- Requesting and conducting a hearing can potentially save you from a license suspension and the need for an occupational drivers license.
- You need a lawyer immediately to request a hearing and gather all the information necessary to fight your license suspension.
If you have missed your window to request a hearing or if you have had a hearing and are unsuccessful, you would need an Occupational Driver’s License to be able to legally drive.
- Your lawyer will have to file a petition in the Court to allow for you to get an Occupational Driver’s License (ODL).
- You will be required to obtain a special type of insurance during your Occupational Driver’s License term.
- You could be required to provide an employer letter or affidavit telling the Judge why you need an Occupational Driver’s License.
An Occupational Driver’s License, also known as an “essential needs license”, is a special license that allows you to legally drive during a period of a license suspension.
- Once granted by the Court, this restricted license will allow you to drive to and from work and/or school, medical and legal needs and to allow you to preform essential household needs during the period of your suspension.
- You will be required to request this special license either in the Court your related criminal case is in or in the Justice of the Peace (JP Court) where you reside.
- There are many requirements that are associated with an Occupational Driver’s License.
- Your Attorney can help you gather all necessary documents for the Court and the Department of Public Safety.