Occupational Drivers license with DUI charge
If I was charged in Texas with a 4th
DUI and will serve 3 years probation
in Florida (based on a transfer), what
steps should I take to obtain an
occupational driver's license? Would I
quality to obtain a motorcycle license
or would it fall under the same
restrictions for a suspended license?
Re: Occupational Drivers license with DUI charge
Your question does not detail your prior suspensions and/or convictions. The motorcycle license will have the same restrictions.
In order to qualify to file an ODL petition:
If Petitioner has had NO previous drug or alcohol related contact within 5 years preceding the date of arrest, an ODL can be effective immediately. [521.251(a)]
If Petitioner has had ONE previous suspension for a drug or alcohol related contact within 5 years preceding the date of arrest an ODL cannot become effective until the 91st day after the effective date of the present suspension. [521.251(b)]
If Petitioner's license has been suspended as a result of a DWI conviction, within 5 years preceding the date of the current arrest, an ODL cannot become effective until the 181st day after the effective date of the present suspension. [521.251(c)]
If Petitioner's license is already suspended because of a second (or subsequent) conviction for DWI, when each offense was committed within 5 years of each other, NO order granting ODL can take effect for 1 year of the effective date of the suspension. [521.251(d)]
If you qualify to file the Petition, you will need to contact a criminal defense attorney in the area where your criminal case was located.
