If you have not requested an Administrative License Revocation (ALR) hearing, your driver’s license will be suspended 40 days after the notice of suspension (usually the date of arrest). This is on the DIC-25 paperwork that the officer gave you and is usually a yellow piece of paper that serves as your temporary driver's license. If you properly request an ALR hearing, your license will not be suspended unless and until the Administrative Law Judge signs the order of suspension. If your license is suspended, you may apply for an occupational license in the county or district court of 1) the county of your residence or 2) the county of arrest if you qualify. The statutes below outline the general requirements for occupational licenses:
1) Demonstrate an essential need for the license (work/health), which can only authorize you to drive up to twelve hours a day on six days of the week.
2) Obtain a special kind of insurance (SR-22) that may be more expensive than your regular insurance. If you have insurance through USAA, you do not even want them to know about your suspension or they may cancel your coverage. Make sure you are on good terms with your provider before requesting SR-22 through them, or you probably want to shop somewhere else.
3) Pay the filing fees for the petition and fees to the Texas Department of Public Safety (DPS) for issuance of the occupational license. This could be a few hundred dollars. If the judge issues you an occupational license, the judge’s order must be submitted to DPS to actually obtain the occupational license. You must keep the Order, occupational license, and SR-22 proof with you at all times to present to officers on demand, and the judge may require that you keep a travel log to present to officers if requested. Failure to abide by these rules may result in additional charges being filed against you and complete suspension of your driving privilege.
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