What Happens If You Violate The Terms of Your Occupational Driver License Order

Occupational driver licenses are not without their restrictions.  Depending on why the license was suspended, a judge can require alcohol restrictions including having a device put in the car of the driver to determine if alcohol has been consumed prior to driving.  Occupational driver licenses can have restrictions on driving times, days and geographic locations.  It is crucial that a person who applies for an occupational driver license understand the limits of their ability to drive in order to avoid violating the terms and conditions of the license.  This article will outline what could possibly happen if a person is found to be driving outside of the conditions set by the occupational driver license order.  If you or a loved one needs assistance with an occupational driver license, feel free to contact our office at 214-321-4105.

Your License Is Still Suspended

A key point for attorneys and clients alike to understand about an occupational driver license is that if an occupational driver license is granted, the driver license is still technically suspended.  You read that right.  Even if you have an occupational driver license, your license is still suspended.  The occupational driver license is a limited use license that allows you to drive under certain circumstances even though the license is suspended.  Think of it as a child being grounded.  Even though the child is grounded, they still have to go to school and/or participate in extra-curricular activities.  The participation in these activities doesn’t mean the child isn’t still grounded.  The same applies to an occupational driver license holder.

Who Checks To Make Sure You Are Driving Legally?

Again, the terms of an occupational driver license are set forth in the occupational driver license order signed by the judge granting the request.  These terms outline drive times, days and locations that can be travelled.  So how does anyone know that the terms are being followed?  To put it simply nobody will know if the terms are being followed until one important thing happens.  If you are pulled over by a police officer, that is when the verification process starts.  Once an officer makes a traffic stop, and they see your license is suspended, they will then ask if you have an occupational driver license.  At that point you will be required to show them that license along with the occupational driver license order.  The officer will then determine if you are driving within the bounds of the order as set forth by the judge who granted your occupational driver license request.

Violating The Terms

If the police officer that pulled you over determines that you are not driving in accordance with the terms of the occupational driver license order, what happens then?  Well, nothing good happens.  At that point, you have not only violated the terms of the occupational driver license order, but you have also broken the law and are subject to criminal charges.  The Texas Transportation Code outlines the exact crime and penalty as follows:

Sec. 521.253.  CRIMINAL OFFENSE; PENALTY. 

(a)  A person who holds an occupational driver’s license commits an offense if the person:

(1)  operates a motor vehicle in violation of a restriction imposed on the license; or

(2)  fails to have in the person’s possession a certified copy of the court order as required under Section 521.250.

(b)  An offense under this section is a Class B misdemeanor.

(c)  On conviction of an offense under this section, the convicting court shall:

(1)  issue an order revoking the occupational driver’s license; and

(2)  deliver the revocation order to the person, the court that issued the order granting the occupational driver’s license, and the department.

Class B Misdemeanors

Class B misdemeanors subject a person to a maximum of six months in jail and a $2,000.00 fine.  This can have a serious impact on a person’s life depending on a judge’s willingness to impose the maximum jail sentence.