How to Secure an Occupational License After a DWI Conviction
Losing your driver’s license after a DWI conviction can seriously disrupt your everyday life. For many people, the ability to drive isn't a luxury—it’s a necessity. Whether it's getting to work, picking up your children, attending counseling, or meeting court requirements, driving plays a vital role in fulfilling daily obligations.
This is why an occupational license can become such an important part of a strong DWI defense. An occupational license is a special, court-ordered permit that allows you to drive legally during your suspension period for essential purposes. It’s not automatic. You must request it, and the process must be handled carefully to avoid delays or denials.
At Danford Law Firm, PLLC, we frequently assist clients through this process, enabling them to regain their freedom without violating the law or jeopardizing their chances in court. Located in Kerrville, Texas, we also serve communities in Boerne, Fredericksburg, and Bandera. Reach out to our firm today to get started.
When You Can Request an Occupational License
Not everyone qualifies right away. The Texas Department of Public Safety (DPS) and the courts may impose a waiting period before a person can apply. For example, if your license was previously suspended because of a prior DWI or you refused a breath or blood test, you might have to wait 90 days, 180 days, or even a full year.
However, in many cases, a request for an occupational license can be filed immediately after suspension. That’s why understanding the timing is such a critical part of DWI defense.
Courts take this matter seriously, and we work to help our clients apply at the earliest opportunity. Timing mistakes can lead to extended periods of unnecessary hardship.
How the Application Process Works
We start by filing a petition in the appropriate county or district court. The petition has to include specific information such as your employment hours, the counties where you need to drive, and your intended routes. You’ll also need to attach an SR-22 certificate of insurance and may be asked to enroll in a DWI education course.
The court then reviews this petition and, if approved, issues a signed order allowing DPS to issue your occupational license. That court order is just as important as the license itself—it dictates exactly when and where you can drive.
Driving outside the strict terms of an occupational license can lead to severe consequences, including new criminal charges and an extended license suspension. For this reason, our commitment to our clients extends beyond the courtroom verdict.
We provide comprehensive guidance to guarantee they fully understand and comply with every condition of their occupational license, protecting them from further legal trouble and helping them manage the path forward successfully.
Limitations of an Occupational License
An occupational license isn't a full restoration of your driving privileges. There are limitations to consider. You may be limited to a maximum of 12 hours of driving per day. You may only drive for essential needs such as work, school, or medical care.
Some judges may request a logbook that shows your driving times and destinations. Others may require an ignition interlock device to be installed on your vehicle. This device forces you to pass a breath test before starting the car. These restrictions aren't optional.
Violating them could lead to new penalties. As part of our DWI defense work at Danford Law Firm, PLLC, we guide clients through these limitations and help them stay compliant with the law. It’s not just about getting permission to drive—it’s about protecting your freedom during a vulnerable time.
Why a Court May Deny the Request
Even if you meet all the eligibility rules, a judge has discretion to deny your request for an occupational license. In some cases, prosecutors object, claiming you're a danger to others.
At other times, judges may want to see progress in alcohol treatment or the completion of specific programs. The quality of your petition matters. Weak documentation, unclear driving needs, or past violations can sink a request. That’s why DWI defense strategies must address both legal and practical concerns.
We take the time to build strong petitions, backed with facts, letters of support, and clearly outlined driving needs. When the facts are clear and the risks are addressed, judges are more likely to approve.
How Long Does an Occupational License Last?
Once granted, the occupational license usually lasts as long as the suspension period. That can be anywhere from 90 days to two years, depending on your history and the facts of your case.
If your case involved a breath test refusal or a repeat offense, the time may be longer. If you lose your license after a DWI conviction but still need to drive, we aim to make sure you’re covered the entire way.
This may involve extending your occupational license, renewing court orders, or assisting with reinstatement once the suspension is lifted. DWI defense doesn’t stop after sentencing—it continues through each phase of license recovery.
Keeping the License Valid
To keep the license valid, you have to follow every condition laid out by the judge. You’ll need to carry a certified copy of the court order with you anytime you drive.
You’ll also have to maintain SR-22 insurance throughout the duration of the suspension. Missed insurance payments or policy cancellations can lead to automatic license suspension. For individuals ordered to install an ignition interlock, failing to maintain it properly or tampering with it can result in additional consequences.
At Danford Law Firm, PLLC, we help clients stay on track by providing reminders, resources, and legal help as needed. We see DWI defense as a whole process—not a single moment in court.
Benefits of an Occupational License
Being able to drive legally during a suspension offers relief and stability during a time that can feel overwhelming. You can keep your job, take care of your kids, attend treatment, and meet court obligations. More importantly, you can show the court that you’re making good choices and taking the conviction seriously. A
n occupational license can demonstrate responsibility and help reduce the chance of harsher punishment if future issues arise. From a legal standpoint, it helps reinforce your DWI defense position by supporting your overall credibility.
Common Missteps to Avoid
Over the years, we’ve seen many clients delay their occupational license request or assume they can drive without it. That’s a mistake. Driving without a license after a DWI can lead to a new charge—Driving While License Invalid (DWLI)—which carries fines, jail time, and even vehicle impoundment.
Others forget to renew their SR-22 insurance or fail to carry their court order with them. These small oversights can lead to major setbacks. One of our goals is to help people avoid these traps by being proactive from the beginning.
What You Need to Prepare
To request an occupational license in Texas, you’ll generally need the following:
Certified copy of the petition and court order
Proof of SR-22 insurance
Driver record from DPS (Type AR)
Payment of the occupational license fee to DPS
Proof of interlock installation if required
This list may vary slightly by county, but in our experience with DWI defense across Texas, these are the most common items. We help our clients prepare and file all the necessary documents accurately and on time.
What We Do at Danford Law Firm, PLLC
Helping clients regain their driving privileges is one of the most meaningful parts of our DWI defense practice. We know that losing the ability to drive can throw an entire household into disarray.
We’ve seen parents struggle to get to work, college students fall behind in classes, and contractors lose jobs due to missed appointments. That’s why we approach occupational license cases with urgency and care. We don’t take shortcuts.
We gather comprehensive documentation, anticipate potential objections, and adhere to each requirement down to the smallest detail. Our clients deserve to be heard and supported throughout this process, and we work hard to make sure they are.
Contact a DWI Defense Lawyer Today
A DWI conviction is serious, but it doesn't define your future. The legal consequences may feel overwhelming, but with good guidance and a vigorous DWI defense, you can take steps to protect your future.
At Danford Law Firm, PLLC, we help our clients move forward—not just legally, but personally. We believe in second chances, and we work to help people make the most of them.
If you’re facing license suspension after a DWI in Texas, reach out to us. We’ll walk with you through the process and fight for the legal path that puts you back in control. We’re proud to serve Kerrville, Boerne, Fredericksburg, Bandera, Junction, San Angelo, and throughout the Texas Hill Country. Schedule a consultation today.