How To Obtain A Provisional License Following A DWI Conviction In Houston
Getting a Driving While Intoxicated (DWI) conviction can really make your life quite hard for various reasons. In addition to possible jail time and potential fines depending on your individual case, losing your license also can impact your life severely, particularly if you need your car in order to commute back and forth to work. Fortunately for you, if you act wisely and quickly, you might not be at a complete loss. In this article, we will be explaining how to obtain a provisional license, which is also referred to as an occupational license, following a DWI conviction.
The Texas Transportation Code states that your driver’s license will be suspended when you are convicted of a DWI, or you refuse to take or fail a blood-alcohol test. If you receive a DWI conviction, your license will be suspended automatically for 90 years up to one year on a first offense, and for subsequent offenses for six months up to two years.
You have a right to file for an occupational/provisional license if you have not received one already during the past 10 years. The temporary restricted license allows you to carry out essential household tasks, and travel back and forth to school or work.
To obtain a provisional license, you will need to file a detailed petition where you explain your essential need and file the petition with the court clerk. Then a special hearing will be held by a judge to determine whether or not an order should be issued to grant a restricted license to you. Your driving history will be taken into account by the judge who then determines what the exact parameters will be in terms of under what circumstances and when you can drive. During the process, you also will be required to provide proof of insurance.
Getting Approved For A Provisional License
The order from the judge that grants you a restricted license is required specific information, including the following:
- Routes or areas where you are allowed to drive.
- Permitted purposes that you can drive for.
- Days and hours that you can drive.
You typically will not be able to drive over four hours per day unless it is specified otherwise by the judge. The provisional license immediately takes effect, unless you have had a prior DWI offense over the past five years, and in that case, you will need to wait for 6 months to one year.
Provisional License Requirements
Certain requirements and restrictions will be imposed on you by the judge when an order is granted for a provisional license, which include:
- Have a certified copy of your order with you whenever you drive.
- Undergo alcohol dependence counseling provided by a state-approved facility. The counseling is considered to be separate from a mandatory program that you might be required to go through for your probation.
- Use an ignition interlock device to prevent your car from starting when you have been drinking. There is an option available for the judge to make it a condition on your first offense. However, for a second offense and subsequent ones, it is required.
If you fail to adhere to any of those requirements it is considered to be a Class B misdemeanor and may be punishable by up to 60 days in jail, and it will most likely result in your provisional license being suspended.
To get more information on provisional licenses or to get answers to any other questions you might have about DWIs and various other legal matters, get in touch with us today. Call us now for immediate assistance!