I noticed in this article - http://www.avvo.com/legal-guides/ugc/texas-dwi-alr-hearing-faq the very last sentence states "In certain circumstances you may be eligible for an Occupational License." What were those circumstances?
I received a DWI in December of 2013 and another in September of 2014. I received an occupational license for the first DWI but apparently the DPS did not receive my reinstatement fee.
So I received two notices after the second DWI one on 11/3 the other on 11/4 . One is an order of suspension for one year while the other is a notice of suspension. The attorney who handled my original occupational license stated that he never received any notice back about the DPS not receiving my reinstatement fee. The judge of the second DWI required an interlock.
Criminal Defense Attorney
The law in Texas requires you to install an Interlock in your car if you've been arrested for DWI and you have a prior DWI conviction...so that answers that question. Secondly, your attorney wouldn't receive any notice from DPS regarding the status of your license, as DPS has no obligation to send this info to your attorney (a court, however, may have an obligation to do so). Only you would receive the DPS notification.
As for your occupational license, the decision to grant you this license is up to the judge. Judges are required to review your history before granting you an occupational license to see if you may be a risk to public safety if granted the license. Things they may look at are prior alcohol related offenses, your traffic violations, and other factors that may be relevant to a judge's decision to allow you to drive. In many courts, the most determining factor in whether to award you an occupational license is your need to have one. A judge doesn't want to see you lose your job because you aren't able to drive a car. This would be counterproductive to the goal of getting you back on the right track and out of the criminal justice system.
So, if you can show a pressing need to drive a vehicle, it is likely that you will be awarded an occupational license. However, if your history shows that you may be a danger to the public (for example, multiple DWI convictions and subsequent probation/bond violations), your chances of obtaining an occupational license are much bleaker. Obviously, your best chance at obtaining an occupational license is to hire a criminal attorney who knows how that process works.
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General Practice Lawyer
Mr. Mercer gave great advice!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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