Occupational Licenses: Can You Get Auto Insurance?

An occupational driver's license (ODL) is a special type of restricted license issued when a driver's license has been suspended, revoked, or denied for certain offenses. An ODL allows individuals to operate non-commercial vehicles for essential needs, such as work, school, or household duties. Obtaining an ODL typically involves a court order and additional requirements, including SR-22 insurance, which is often more expensive than standard insurance. While an ODL facilitates essential transportation, it is crucial to understand the specific restrictions and conditions that apply to this type of license.

Obtaining an occupational driver's license

An occupational driver's license (ODL) is a special type of restricted license that allows you to drive a non-commercial vehicle for essential needs such as work, school, or household duties. Obtaining an ODL typically involves the following steps:

Check Your Eligibility

Before applying for an ODL, it is important to determine if you are eligible. Most drivers with suspended or revoked licenses due to certain offenses are eligible for an ODL. However, individuals who have lost their driving privileges for medical reasons, delinquent child support, or unlawful presence in the US are not eligible.

Petition the Court

To obtain an ODL, you must petition the Justice of the Peace, county or district court in your county of residence or the court of original jurisdiction where the offense occurred. You will need to file a petition, which typically requires a certified driving record and proof of SR22 insurance. SR22 insurance, also known as a Financial Responsibility Insurance Certificate, is a requirement for drivers with suspended licenses and can be obtained from an insurance company.

Gather Required Documentation

In addition to the petition and SR22 insurance, you will need to gather other documentation, including:

• A certified copy of the petition and a court order granting the occupational license.
• Proof of ignition interlock device installation, if applicable (for drug or alcohol-related offenses).
• Proof of the need to drive, such as a school schedule, pay stub, or letter from your employer.
• A certified driving record (Type AR) from the Department of Public Safety.

Submit Documentation and Fees

Submit all the required documentation, including fees, to the appropriate department, typically the Department of Public Safety. The occupational license fee can be paid online or by check or money order. Reinstatement fees may also be owed. Allow up to 21 business days for your occupational driver license to be processed.

Receive Temporary Driving Permit and ODL

The signed court order will act as a temporary driving permit for 45 days from the date it was signed by the judge. During this time, you can legally drive while waiting to receive your actual ODL.

It is important to note that the process of obtaining an ODL can be complicated, and it may be beneficial to consult an attorney for assistance. Additionally, the requirements and fees may vary by location, so it is essential to check with your local authorities for specific instructions.

SR-22 insurance requirements

An SR-22 is a certificate of financial responsibility that is required for some drivers by their state or court order. It is not a type of insurance but a form filed with your state to prove that your auto insurance policy meets the minimum liability coverage required by state law. It is typically required if you've been caught driving without insurance or a valid license. Here are the SR-22 insurance requirements:

An SR-22 form is typically required in many states for drivers who have been convicted of certain offences, such as:

• Driving under the influence (DUI) or driving while intoxicated (DWI)
• Driving without insurance
• Multiple traffic violations or accidents
• Not carrying insurance on a registered vehicle
• Unpaid child support
• Reinstating a revoked or suspended license
• Attaining a hardship or probationary license

Obtaining an SR-22

If your insurance company offers SR-22 form filings, you can call them and they will take care of it. They will add the SR-22 endorsement to your existing policy and then file the SR-22 insurance document with the state. If your current insurer doesn't offer SR-22s, you'll need to purchase a new policy from an insurance provider licensed in the state where the requirement originated.

SR-22 Costs

An SR-22 typically costs around $25 to file, but the cost may vary by state and insurance company. Some states may require a surcharge, and you may have to pay the filing fee upfront. You will also need to pay the filing fee with each policy term that the SR-22 is required.

SR-22 Timeframe

In most states, an SR-22 is required for three years, but the exact timeframe may vary, so it's important to contact your state's Department of Motor Vehicles (DMV) to find out the specific requirements. If you cancel your car insurance policy before the required SR-22 timeframe ends, your insurer must inform the traffic authorities, which could result in your driver's license being suspended or revoked.

SR-22 Removal

Once your SR-22 requirement period ends, you must request your insurance company to remove the SR-22 from your policy. Your insurance rate may decrease if it had increased after filing the SR-22, but this is not guaranteed.

Restricted driving privileges

To obtain a restricted license, individuals must first determine their eligibility. Most states grant restricted licenses to drivers whose privileges have been suspended due to DUI or other traffic violations. However, some states prohibit restricted licenses for serious offenses like vehicular homicide or reckless driving. After establishing eligibility, individuals must petition the appropriate court of jurisdiction, providing a certified driving record and proof of SR22 insurance, which is required for high-risk drivers.

The application process for a restricted license typically involves submitting the necessary documentation to the Department of Motor Vehicles (DMV) or an equivalent authority. In some cases, individuals may need to serve a "hard-suspension" period without driving before becoming eligible for a restricted license. This period is often around 30 days and is common for DUI-related suspensions.

Restricted licenses come with specific conditions and limitations. They generally permit driving only to and from designated places, such as work, school, treatment programs, and medical appointments. Some states also allow parents with restricted licenses to transport their children to school and appointments. Time restrictions may also apply, with motorists permitted to drive only during daylight or specified hours.

It is important to note that restricted licenses do not restore all driving privileges, and commercial driving privileges typically remain suspended. The specific restrictions and eligibility criteria vary from state to state, so it is advisable to consult a local attorney to understand the applicable laws and navigate the application process effectively.

Eligibility criteria

An occupational driver's license (ODL) is a special restricted license issued to individuals whose regular driver's license has been suspended, revoked, or denied for certain offenses, excluding medical reasons and delinquent child support. ODLs allow individuals to drive non-commercial motor vehicles for essential household duties, school-related activities, and, in some cases, work.

The eligibility criteria for an ODL typically include demonstrating a legitimate need for driving, providing proof of financial responsibility (insurance), and not having a conviction for certain disqualifying offenses. Eligibility can vary depending on the specific circumstances and the judge's discretion. Here are some detailed criteria:

• Legitimate Need for Driving: To be eligible for an ODL, individuals must show a genuine need to drive. This includes driving to work, school, essential household duties, or medical appointments.
• Proof of Financial Responsibility: Applicants must provide proof of insurance, typically in the form of an SR-22 or SR22 Financial Responsibility Insurance Certificate. This type of insurance is required for high-risk drivers and must be maintained throughout the ODL period.
• No Disqualifying Offenses: Certain prior convictions, pending charges, or unresolved issues related to the suspension may disqualify individuals from obtaining an ODL. Offenses such as intoxication-related crimes or other crimes committed during the suspension period may be considered disqualifying factors.
• Valid Driver's License: Individuals must have a valid driver's license that has been suspended, revoked, or denied. Those who have never had a license or whose license has been expired for more than two years are typically ineligible for an ODL.
• No Medical or Child Support Issues: Individuals who lost their driving privileges due to medical reasons or delinquent child support are generally not eligible for an ODL.
• No Commercial Driving Privileges: Commercial drivers are typically ineligible for an ODL. An ODL authorizes the operation of non-commercial motor vehicles only.
• State-Specific Requirements: Eligibility criteria can vary by state. For example, in Wisconsin, individuals with an out-of-state driver's license are ineligible for an ODL. It is important to check the specific requirements for the state in which you reside.
• Court Order: In most cases, obtaining a court order is necessary to be eligible for an ODL. The court will evaluate your circumstances and determine if you meet the eligibility criteria.

Applying for an occupational license

If you are eligible, the next step is to petition the Justice of the Peace, county or district court in the county where you reside or the court of original jurisdiction where the offense occurred. You will need to obtain a court order that authorizes the Texas Department of Public Safety to issue the license. The process can take several weeks, and the court will determine if you are eligible to apply for an occupational license.

Once you have the court order, you must submit it to the Department of Public Safety (DPS) along with the other necessary documentation, including:

• A certified copy of the petition and a certified copy of the court order granting the occupational license
• A Financial Responsibility Insurance Certificate (SR-22)
• Payment of the occupational license fee
• Payment of all Reinstatement fees

The occupational license will typically be issued for one year or less, with a maximum length of issuance of two years.

In Wisconsin, you can apply for an occupational license if you have lost your driver's license due to an administrative suspension or a conviction for an OWI. The process involves completing the occupational license application, providing proof of SR22 insurance, and submitting to required tests. The application fee is $50.

Frequently asked questions