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Occupational license after a DWI in Texas
In short: An occupational driver's license lets a person with a suspended Texas license drive for essential needs. A judge decides it by petition. Under Transportation Code 521.248, driving is limited to four hours a day (up to 12 on a showing of necessity) unless the person is restricted to an ignition interlock, in which case the time, reason and route limits do not apply.
Who can get an occupational license?
Transportation Code 521.242 makes a person eligible if their license was suspended for a reason other than a physical or mental disability, including an administrative (ALR) suspension under Chapter 524 or a refusal suspension under Chapter 724. An occupational license never allows driving a commercial motor vehicle.
Is there a hearing?
If the suspension follows a conviction for an intoxication offense under Penal Code 49.04 to 49.08, the judge must hold a hearing, and the prosecutor gets notice and can present evidence for or against the petition (521.244(a) and 521.243). For other suspensions, such as an ALR suspension before any conviction, the judge may decide on the petition alone (521.244(a-1)). Hearings can be held electronically. The decision cannot be appealed (521.244(g)).
When can the judge say no?
Under 521.244(f), the judge may deny the petition based on the State's evidence, or if the person cannot show financial responsibility (insurance) under Chapter 601, has more than one intoxication conviction in the 10 years before the petition, or is under certain revocation orders.
Will I need an ignition interlock?
The judge must order one if you are already under an interlock order, including one set as a bond condition, or if the suspension follows a conviction under 49.04 to 49.08 (521.246(a)). The court can waive that requirement if it finds the device is not necessary for community safety (521.246(b-1)). There is a practical upside: under 521.248(d), a person restricted to an interlock is not subject to the hours, reasons or route limits that otherwise apply.
What does the order include?
| Item | Rule | Law |
|---|---|---|
| Driving hours | Up to 4 hours in any 24-hour period, or up to 12 on a showing of necessity | 521.248(b) |
| Hours, reasons and routes | Listed in the order, unless you are on an interlock | 521.248(a), (d) |
| Commercial vehicles | Not allowed | 521.248(a)(4) |
| Counseling | Alcohol dependence counseling is required after an ALR, refusal or DWI-conviction suspension unless waived for good cause | 521.245 |
| Supervision | The court may order supervision by the local supervision department or a personal bond office | 521.2462 |
| How long it lasts | Until the end of the regular license suspension | 521.248(c) |
The order may also require a travel log (521.248(e)). Keep a certified copy of the order with you when you drive.
How does this fit with the ALR hearing?
The ALR hearing is the chance to stop the suspension. The occupational license is the backup if the suspension takes effect. Both run separately from the criminal DWI case. See the first 15 days after a DWI arrest for the timeline.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
How many hours can I drive on a Texas occupational license?
Up to four hours in any 24-hour period, or up to 12 if the court finds it necessary. If you are restricted to an ignition interlock, the hour limits do not apply (Transportation Code 521.248).
Do I need a hearing for an occupational license after a DWI?
A hearing is required if the suspension follows a DWI conviction. For an ALR suspension before conviction, the judge may decide on the petition alone.
Can I drive a commercial vehicle on an occupational license?
No. Transportation Code 521.242(b) and 521.248(a)(4) exclude commercial motor vehicles.
Can an occupational license be denied for prior DWIs?
Yes. The judge may deny it if the person has been convicted more than once in the 10 years before the petition of an offense under Penal Code 49.04 to 49.08.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.