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Driver's License Suspension and Occupational Driver's Licenses: What You Need to Know

by LegalFix
Posted: December 22, 2023
driver's license penalties

A driver's license can be suspended for a variety of reasons, and the specifics often depend on state laws and regulations. However, there are common circumstances across many jurisdictions that might result in a suspension. In response, some jurisdictions allow for what's known as an "occupational driver's license" (or a similar term) that permits limited driving under certain conditions. 

Circumstances for Driver's License Suspension:

  1. Traffic Violations: Accumulating too many moving violations or "points" on a driving record within a certain timeframe can result in suspension.

  2. Driving Under the Influence (DUI): Conviction for driving under the influence of alcohol or drugs will often result in license suspension.

  3. Driving without Insurance: Being caught driving without valid insurance can result in a suspension, especially if involved in an accident.

  4. Failing to Pay Child Support: Some states suspend licenses if an individual fails to pay child support.

  5. Unpaid Fines or Traffic Tickets: Failing to pay fines or resolve traffic tickets can lead to suspension.

  6. Physical or Medical Condition: If a medical condition makes it unsafe for someone to drive (e.g., epilepsy), their license may be suspended until they can prove they are fit to drive.

  7. Drug Offenses: Even non-driving drug convictions can result in a driver's license suspension in some states.

  8. Reckless Driving: Being convicted of reckless driving or being involved in serious accidents can lead to a suspension.

  9. Failure to Appear in Court: Ignoring a court summons related to a traffic violation or other offense can lead to license suspension in some jurisdictions.

Occupational Driver's License:

An occupational driver's license (ODL) allows someone with a suspended license to drive for essential purposes, such as work, school, or medical appointments.

  1. Limited Purposes: The driving purposes and hours are typically limited and defined by the issuing authority.

  2. Proof of Need: To obtain an ODL, one usually needs to demonstrate a genuine need for it, such as a lack of alternative transportation to get to work or school.

  3. Insurance: Many states require proof of insurance, and sometimes a special type of high-risk insurance known as SR-22, before issuing an ODL.

  4. Waiting Periods: Some offenses, especially severe ones like DUI, might come with a mandatory waiting period before one can apply for an ODL.

  5. Duration: An ODL is typically temporary, lasting only as long as the original suspension period.

Important Related Legal Issues:

  1. Not a Right: Driving is considered a privilege, not a right. Hence, licenses can be suspended for a variety of reasons, and not everyone will qualify for an ODL.

  2. Legal Counsel: Especially in the case of DUIs or other serious offenses, it's beneficial to seek legal counsel to navigate the complexities of license suspensions and applying for an ODL.

  3. Further Suspensions: Violating the terms of an ODL or being caught driving on a suspended license without an ODL can result in further suspensions or other legal penalties.

  4. Reinstatement: Once a suspension period ends, the license doesn't automatically get reinstated. Drivers often need to apply for reinstatement and might have to pay fees, provide proof of insurance, or even retake driving tests.

Know the Laws with LegalFix

While driver's license suspensions can seriously impact one's daily life, the law in many places provides mechanisms like the ODL to ensure people can meet their essential responsibilities. Still, it's essential to understand the local laws and procedures to navigate this area of law effectively.

Whether you want to understand occupational divers licenses or just want to learn more about how our legal system works, LegalFix is your go-to source for free legal information. You can find helpful articles and use the free search and information tools to better understand the state and federal laws that affect you. Just visit LegalFix.com to find all this content — and check back often for more valuable legal products and services coming soon.