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Occupational Driver License Checklist & Information

Petitioner is NOT ELIGIBLE for an OCCUPATIONAL DRIVER LICENSE if driving privileges were lost:

Because of a mental or physical disability;
For failure to pay child support;
And you need to drive a commercial motor vehicle;
Because you received two ODL’s in the past 10 years after a conviction; or,
Because you have a “hard suspension” waiting period due to a prior DWI arrest or conviction.

OR IF:

The judge thinks you do not have an essential need,
The judge is worried about public safety

You must file the petition in the precinct and county;

Where you reside; or
In the Precinct where the offense occurred for which the license was suspended.

To file for an Occupational License you must:

Pay a $66.00 ODL filing fee

File a Petition for Occupational Driver License (ODL)

The petition should be completely filled out.

File an SR-22 Certificate of Insurance

ID Cards, declaration pages will not be accepted

File a signed letter from your employer (on employer letterhead) regarding the need to drive. The letter should be signed and also include a contact number for your employer. If you are retired, disabled, or on public assistance, a sworn affidavit of status, with proof, may substitute for an employer’s letter.

File a certified copy of the applicant’s driving record

Type AR-Certified Abstract of Driving Record ($20).
Driver Record can be obtained from the Department of Public Safety (DPS) at:

File a copy of the Order of Suspension NoticeorOrder from DPS.

HEARING IS SET & NOTICE GIVEN TO PETITIONER

HEARING IS HELD

ODL ORDER (if granted) is signed by Judge

Copies of Occupational Order & Petition

A certified copy of any granted Occupational Driver License Order will cost $2.00 for the first page and $0.25 for each page thereafter. Same fees apply for a certified copy of the petition. The applicant will be required to pay for two certified copies of the ODL order and one copy of the petition of any ODL granted.

1st CERTIFIED COPY OF ORDER & PETITION:

The court will forward DPS a copy of the order and petition.

2nd CERTIFIED COPY OF ORDER:

The driver should always keep the certified copy of the order with them at all times when driving.

Once the order is signed by the Judge it may be used as a license for 45 days from the date of the Judge’s signature while DPS processes the occupational license card.

YOU MUSTsubmit the following items to the Texas Department of Public Safety (DPS) so an occupational license card can be issued:

SR22 Certificate of Insurance
$10 fee for issuance of Occupational Driver License
All Reinstatement fees paid to DPS

The clerk will fill out this box:

CASE NO. JD_____-______A

EX PARTE§IN THE JUSTICE COURT

§PRECINCT 3, PLACE 1

______§DALLAS COUNTY, TEXAS

FIRSTMIDDLELAST

(Petitioner’s Name) “Print full name”

PETITION FOR OCCUPATIONAL DRIVERLICENSE

Print your answers:

My name is: ______.

FirstMiddleLast

I am the Petitioner, and I am asking the court for an Occupational Driver License.
I ask the court to consider the information I have provided below.
Upon approval of this Petition, I ask that the Clerk send a certified copy of the Petition and the Court Order setting out the Judge’s findings and restrictions to the Texas Department of Public Safety.

I. PETITIONER’S PERSONAL INFORMATION:

1.Home Address: ______

Street AddressApt. # (if any)

______, Texas City County Zip

2.Mailing Address (if different from above): ______

3.Phone Number: (______) ______-______

4.Email Address: ______

5.Date of Birth: ______/______/______

Month DayYear

6.The last four digits of my Social Security Number are: ______

 I do not have a Social Security Number.

II. DRIVER LICENSE INFORMATION:

7.Check all that apply and provide requested information:

 I have never held a Texas Driver License

 My Texas Driver License # is ______. Expiration Date is ______/______/______

 My Driver License was issued by the State of ______.

The Driver License Number is ______. Expiration Date is ______/______/______

8.● Is your license suspended because of a physical or mental disability? Yes No

● Is your license suspended for non-payment of child support? Yes No

● Have you had 2 or more occupational driver licenses because of  Yes No

a conviction in the last 10 years?

III. NOTICE TO THE STATE:(if applicable)

9. If any of the following are applicable, the Clerk of the court should serve the State with Notice of this Petition as required by the Texas Transportation code Section 521.243(a).

 Check all that apply and fill in the blanks.

A. My license is suspended under Transportation Code section 621.342. Yes No

(Conviction of various offenses of an individual under the age of 21)

(If yes)______

Date of ConvictionCourt of Conviction

B. My license is suspended because I was convicted of:

a.  Criminally Negligent HomicidePenal Code 19.05

b.  Driving While IntoxicatedPenal Code 49.04

c.  Driving While Intoxicated with Child PassengerPenal Code 49.045

d.  Flying While IntoxicatedPenal Code 49.05

e.  Boating While IntoxicatedPenal Code 49.06

f.  Assembling or Operating Amusement Ride While IntoxicatedPenal Code 49.065

g.  Intoxication AssaultPenal Code 49.07

h.  Intoxication ManslaughterPenal Code 49.08

On______in ______

Date of ConvictionCourt of Conviction County of Conviction

10.Why is your Driver License suspended? (Check all that apply and fill in the blanks):

A. I was arrested on (date)____/____/______and the breath sample I provided registered above 0.08.

B. I was arrested on (date)____/____/______, and I did not give a breath sample, as requested.

Within the past ten (10) years from the date of the arrest that led to your current suspension, have you

had a suspension for refusal to give a breath/blood sample or providing a sample with a blood alcohol

content greater than .08 following an arrest for DWI?  Yes  No

C. This court convicted me of ______

on (date) ____/____/______.

D. A Texas court determined that I am a “habitual violator of traffic laws.”

E. A Texas court ordered me to go to a driver education Program, and my license, permit, and/or

driving privilege is automatically suspended for 365 days.

F. Other (If you did not check any of the above, why is your license suspended or invalid? Be specific.)

______

11.I have the following criminal charges pending: (you do not need to list traffic or Class C Charges.)

______

IV.PETITIONER’S ESSENTIAL NEED TO DRIVE:

If your license is suspended based on an alcohol-related offense under Penal Code 49.04 – 49.08 AND you are required to have an interlock device installed on each motor vehicle you own or operate, you do not need to complete Numbers 12, 13 and 14 below.

12.Why do you need an Occupational Driver License? (Check all that apply):

I need an Occupational Driver License to drive to and from my place of work.

Name of Employer #1: ______

Employer’s Address: ______

Days and hours you work: ______

Job title: ______

Name of Employer #2: ______

Employer’s Address: ______

Days and hours you work: ______

Job title: ______

I need to drive to school. (Fill out below)

School Name: ______

School Address: ______

Days and hours of your classes: ______

Other(explain): ______

______

13.Driving schedule you are requesting for work or school:

Days / Monday / Tuesday / Wednesday / Thursday / Friday / Saturday / Sunday
HOURS
From:
To: / ______, __.m.
______, __.m. / ______, __.m.
______, __.m. / _____, __.m.
_____, __.m. / ______, __.m.
______, __.m. / ______, __.m.
______, __.m. / ______, __.m.
______, __.m. / _____, __.m.
_____, __.m.
From:
To: / ______, __.m.
______, __.m. / ______, __.m.
______, __.m. / ______, _.m.
_____, __.m. / ______, __.m.
______, __.m. / ______, __.m.
______, __.m. / ______, __.m.
______, __.m. / _____, __.m.
_____, __.m.

14.If you are asking the Court to allow you to drive for more than 4 hours per day, explain why below:

______

V. PETITIONER’S REQUEST TO THE COURT:

15.I ask the Court to order the Texas Department of Public Safety to issue me an Occupational Driver License to drive for the purposes described above.

I further ask this Court to order the Texas Department of Public Safety to administer any and all tests required for the issuance of said Occupational License.

______

Petitioner’s name (print)

______

Petitioner’s signatureDate

Unsworn Declaration Made Under Penalty of Perjury

As allowed by Section 132.001 of the Texas Civil Practices and Remedies code. I am filing this Unsworn Declaration in support of the Petition for Occupational Driver License in place of a Verified Petition. *

My current legal name is:

______

FirstMiddleLast

My date of birth is: ______/______/______

Month Day Year

My address is:

______

Street AddressApt. # (if any) CityStateZip CodeCountry

I declare under penalty of perjury that all information in this Petition is true and correct.

I understand I could be prosecuted for information I provide that is untrue.

Formally signed in ______County, ______

CountyState

On this date: ______/______/______

Month DayYear

______

Signature of Person Asking for

Occupational Driver License

*Pursuant to Texas Civil Practice and Remedies Code section 132.001, an unsworn declaration may be used in lieu of a written sworn declaration, verification certification, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law. This provision does not apply to an oath of office or an oath required to be taken before a specified official other than a notary public. An unsworn declaration made under this section must be 1) in writing, 2) signed by the person making the declaration as true under penalty of perjury and 3) in substantially the form used above.

SEE BELOW FOR A LIST OF DOCUMENTS TO ATTACH TO THIS PETITION: (check all that are attached)

1. A certified abstract (Type AR) of your driver license record.

2. An SR-22 from my insurance company providing proof of current valid auto liability insurance.

3. Proof of need to drive: A letter from my employer or immediate supervisor on my employer’s letterhead (or affidavit) verifying my work schedule, a current pay stub, school registration with schedule, or your sworn affidavit explaining to the court why you need to drive unless your license is suspended solely based on an intoxication offense under Penal Code 49.04- 49.08 and why vehicle you own or operate must be equipped with an interlock device.

4. $66.00 filing fee.

____ (initial) I understand that if the Court grants an occupational license, I will be required to pay for a certified copy of this petition and the Court’s Order to be sent to the Texas Department of Public Safety. I will also need to pay for a certified copy of the Order that must be kept in my possession when operating a motor vehicle. I understand it will be my responsibility to apply with DPS for an occupational license if the Order is granted.

JP 3-1, ODL PetitionPage 1 of 4

Revised: October 2017