Houston Occupational License Attorney

Houston Occupational License Attorney

My License Was Suspended, But I Need to Drive.

If your license was suspended due to a traffic violation, you might be facing many difficulties. However, one of the most significant problems our clients face is the inability to get to and from their job.

In Texas, there are different licenses you can use to help you manage your driving needs. An occupational license is one way to get your driving privileges back while your license is suspended. However, the only way to do so is to prove to the court that you have an unavoidable need to drive.

In these cases, having the help of an attorney can make a huge difference in the outcome of your case. A Houston occupational license lawyer from Benavides Law Firm can help. Attorney Kelly Benavides has more than 20 years of experience assisting clients in obtaining occupational licenses and stands ready to help you, too.


In need of an occupational license? Call Benavides Law Firm at (713) 955-7344 or contact us online. Se habla español.


What is an Occupational License?

Driving is more than just a means of transportation; it is often fundamental to our daily lives – necessary for work, school, and for managing our personal commitments. When faced with a suspended license, this critical aspect of life comes to a standstill, often leading to significant concerns about maintaining your standard of living. This is where the option of an occupational license comes into play.

As defined under the Texas Transportation Code, an occupational license—also known as an essential need license—is a special type of limited permit issued to individuals whose driver’s licenses have been suspended or revoked. This offering allows you to drive to certain locations at specified times, ensuring you remain productive and keep up with your commitments despite any standing restrictions on your regular driver’s license.

What You Can Do with an Occupational License

While it may seem obvious that you can apply for an occupational license to drive yourself to and from work, other driving-related tasks are also allowed with these licenses.

With an occupational license, you can:

  • Go to and from work
  • Go to and from school
  • Take and pick your children up from school
  • Take and pick your children up from parental visitation
  • Pick up prescriptions and groceries
  • Provide aid to an elderly or disabled dependent
  • Perform other necessary household duties

With an occupational driver’s license, your life doesn’t have to stop after a general driving license suspension, and it is a vital component to moving forward with your life in a positive manner. Additionally, obtaining an occupational license can prevent you from being charged with driving on a suspended license (also referred to as driving while license invalid or DWLI). This can be costly and further impact your driving privileges.

How Do I Obtain an Occupational License?

The issuance of an occupational license is not a given. The applicant must fulfill specific requirements to be eligible. Depending on the circumstances of your license suspension, you may need a specific set of documents and information to apply for an occupational license. You will need to identify things like:

  • What do you need the license for?
  • How long do you need the license
  • Where do you plan on using the license?

Moreover, if the suspension of your license was due to certain offenses like drug or alcohol-related convictions, there may be additional conditions imposed on the occupational license. For instance, installing an ignition interlock device might be required based on the discretion of the court.

Additionally, the court may restrict the times and locations where a person can drive, typically only allowing travel to and from specific locations like work, school, or performing essential household duties.

An experienced Houston traffic ticket lawyer can help you collect all the required information and determine if applying for an occupational license is appropriate for your situation. The court must be convinced that the lack of driving privileges contributes to an ‘unusual economic hardship’ or interferes with necessary activities such as school, medical appointments, or caring for family members.

Securing an occupational license may not be a straightforward process, and navigating it alone can be daunting. In such situations, having a seasoned attorney to guide you through the process can make a substantial difference. Benavides Law Firm is here to assist you in obtaining your occupational license and protecting your ability to lead a productive life despite legal setbacks.

The Role of a Houston Occupational License Attorney

An attorney skilled in dealing with occupational license cases takes on pivotal roles and responsibilities that include using their understanding of Texas laws to address concerns and represent your interests effectively. This professional works with you to compile the necessary details, fill out the required forms, and prepare the petition required to obtain an occupational license.

The Importance of Legal Representation in Obtaining an Occupational License

Navigating the process of obtaining an occupational license without an attorney’s guidance could prove challenging. It’s not just about filling out the requisite paperwork; you need to convince the court why an occupational license is essential for you. An experienced attorney brings forth their understanding of Texas law, their skills in crafting substantial arguments, and their experience of the system, ensuring your interests are represented effectively.

What Benavides Law Firm Can Offer

At Benavides Law Firm, we offer a comprehensive suite of services for individuals seeking an occupational license in Houston. Our attentiveness to details, a strong commitment to clients, and a firm grip on Texas driving laws enable us to provide unparalleled service. From the initial consultation to the decisive court hearing, our team works meticulously to ensure we present a compelling petition.

Beyond the filing process, we guide our clients through every step – helping them understand their rights, advising on driving logs, and ensuring they understand the limitations an occupational license may carry. And in scenarios where a denial takes place, our attorneys are prepared to consider further legal options and strive for the preferred outcome.

Potential Challenges to Obtaining an Occupational License

Securing an occupational license is often a complex procedure filled with multiple potential challenges. However, Benavides Law Firm can guide you in overcoming these obstacles.

One of the frequent issues clients might encounter while attempting to obtain an occupational license involves effectively demonstrating the necessity for the license. The courts are required to evaluate the ‘essential need’ for the license, and without a compelling argument, it may result in an unsuccessful petition.

Another common challenge is adherence to the strict guidelines with the occupational license once obtained — driving outside of approved times or beyond approved locations, resulting in further legal complications, including the possible revocation of the occupational license.

At Benavides Law Firm, we are prepared to address these common challenges and more. With our extensive knowledge of relevant Texas laws and experience in handling occupational license cases, we assist our clients in the formation of a compelling case demonstrating the ‘essential need’ for a license. This involves thorough evidence collection, preparation, and presentation by our dedicated attorneys.

We appreciate the importance of maintaining compliance with the strict requirements of an occupational license. To this end, our attorneys provide comprehensive guidance, ensuring our clients fully understand their license’s limitations and restrictions, thus minimizing the risk of further complications.

Benavides Law Firm is committed to seeing you through your challenging circumstances and working towards your goal of maintaining essential daily mobility. Allow us to be your advocate in your pursuit of an occupational license today.

Do I Need a Lawyer to Get an Occupational License in Texas?

Attorney Kelly Benavides
Houston Occupational License Attorney, Kelly Benavides

Understanding the complexities of the process, meeting strict guidelines, and effectively demonstrating the ‘essential need’ for the license to the court are intimidating prospects to face on your own. To navigate through this complex process, you need a dedicated, experienced, and skilled team by your side, a team that understands all aspects of the Texas laws pertaining to occupational licenses.

Benavides Law Firm aims to be that dependable partner, guiding you through the legal maze right from the beginning, ensuring that we provide the best chance for your petition to be successful. With guidance at every step, we strive to mitigate the difficulties you’d otherwise face alone.

At Benavides Law Firm, we excel at turning challenges into opportunities. Reach out to us to regain your essential mobility today. Remember, we believe in you and your right to a meaningful life despite legal setbacks. 

We offer free case consultations. Call a Houston occupational license attorney at Benavides Law Firm today at (713) 955-7344.


Benavides Law Firm – Houston Office

533 Studewood St
Houston, TX 77007
P: (713) 226-7889