Occupational License info if needed.....
If for some reason, hopefully this doesn't happen, you lose your license....you may be eligible for an occupational license. Here is the low down on how to get it.
In Texas.
Texas law defines an occupation license as necessary to meet any essential need to drive for work, school, household duties including carpool, groceries, banking and cleaners, as examples. Chris Hoover can help you obtain your occupational license.
Does Texas DWI End Your Driving?
All Texans are eligible to request and obtain an Occupational License for driving. The law defines this drivers license as necessary to meet any essential need you have to drive for work, school and household duties, including carpool, groceries, bank and cleaners, as examples. You may request no more than two Occupational Licenses within ten (10) years.Where and Why Can You Drive?
The Occupational License allows you to drive not less than four nor more than 12 hours per day to meet any essential need. The hours do not have to be continuous, such as 6 am – 6 pm. You can break up any 24 period to meet your need to drive carpool, get to work, visit clients in the afternoon or go to the grocery store and drive home. Most counties will allow you to drive for the full 12 hours although the procedure for getting an Occupational License varies from county to county.Texas Occupational Drivers License Costs
The State will require you to pay fees for this license. The average filing fee for this license is $250. There is also a $135 fee assessed by the Texas Department of Public Safety.Additionally, you will be required to file an SR-22 insurance policy with the Texas Department of Public Safety.
I read in an early post that you had to take a hair follicle test. May I ask what was the reason for that test because since Ive been on this program I have yet to be ask to submit a hair sample.
ReplyDeleteHi. If you go out of the country for vacation or work you must submit a hair follicle when you return. I have no idea why they do this but I assume its to make sure you dont use drugs etc. Anyway, its really expensive and a pain in the ass. Hopefully you will never have to endure it.
ReplyDeleteCheers x
Was it a court order test or did you divert sponsor just tell you to do it? Can a divert officer just decide to give you one out of the blue or does it have to go through the court in order for that test to be given
ReplyDeleteHi. As far as I know it comes directly from the Assistant DA. They can either say yes or no to it.. Reasoning behind my answer is that when you apply for a travel permit it has to be approved by the DA's office. So they will email back to your PO officer and tell them A. whether or not you are approved for travel B. If you are required to take a follicle test etc when you return. Doesnt necessarily go through the court but more the DA's office. They are always the one who approves your travel, interlock removal, etc.
ReplyDeleteCheers x
ahh.. gotcha the reason I ask is because I dont trust my Divert officer at all. She a total joke and I honestly dont think she has a clue at whats going on. She walks in the first time i met her and started speaking spanish thinking that everyone in the room spoken nothing but spanish. She was very surprised that I was even in her group because of the fact that I dont speak spanish. I just dont want her to pull something like a hair test on me out of the blue or anything. I follow everything tot he book i just dont trust anyone that i deal with.
ReplyDeleteI dont blame you. They have a little bit of power and hold it over you any second they can. Try and get through your 6 months and after that they pretty much forget about you. If you have serious problems with her you can tell her supervisor and they might change PO officers....that's a chance you would take. Hope it works out for you. Try and stay positive.
ReplyDeleteCheers x
Love the blog, THANK YOU for writing it! :) Question, I gave up my car right after I got my DWI and starting riding a bike. 2 weeks ago my lawyer told me I needed to have a car to do this program. So my BF went out and bought himself a second vehicle (use for camping, biking, moving the boat etc.) and for me to use for this program. My BF wants to know what happens we he drives the car? How can they tell who is driving it? Second question I work from home so I do not drive much you said somthing about it being ideal, I may go a whole week without driving the car becuse I bike everywhere, is this going to be an issue? Third question if you had to do all over again would you still do the DIVERT in place of going to court? (I go into the interview for DIVERT in 2 weeks.)
ReplyDeleteYour lawyer is wrong, you do not have to own a car in order to do the program. They may require you to have a hand held device if you do not have a car, which is probably worse since you have to blow into it every three hours or something insane like that. If your boyfriend drives the car, he will just have to blow into it as well to start. Your PO will ask you if anyone else is driving the car, its not against the policy to have someone else drive, they just have to blow. There is a camera that takes a picture everytime you blow into the device, so they will know if its you or not. You are not required to drive your car, if I were you I would get the interlock in the car instead of the handheld and the 6 months will fly by, then you can have it removed. If you do not do the program and you think you have a really good chance in court then dont do it. But if you think your blood alcohol and other circumstances could possibly put you on probation etc you will have the interlock anyway. I think the program is getting a bit more strict from when I was in it, so be sure to get all answers up front before you make a decision. MAKE sure your lawyer knows what they are talking about.
ReplyDeleteCheers x
Hello Lifelesson1,
ReplyDeleteVery informative blog. I just recently had my DIVERT interview, and was obviously anxious to know more details "from the inside", so I read the postings on your blog. I am like many others, unfortunate that I happened to be in the wrong place at the wrong time, but do consider myself to be a law-abiding productive member of our society.
From what I read, apart from the Ignition Interlock and the travel permits (and of course numerous appointments to keep) it appears otherwise painfree... and that you have to get thru the year with your wits about you...
I will know in a couple of weeks if I have been accepted or not. I think my interview went well, but one never knows for sure till it's a done deal in such matters.
I have a few questions for you (thanks in advance for your prompt replies as you have to others posting their questions):
- I am sometimes required to travel for work, and these occasions come up at random and at the last minute. I mentioned this to the interviewer. Will this work against me?
- I am an independent contractor, and dont always have a "pay-check" but do make a decent amount when I do. What is the pay-check requirement? Are you expected to maintain a pay-check at all times?
- Do you have flexibility in scheduling visits with the PO? Do they allow you weekend appointments? Or Friday PM if you choose?
- What is the call-in for UA about? I was under the impression that the UA was done as a routine when you met with the PO - are there other instances as well when you are called for a UA? Other than at PO visits, I mean...
- What were the other occasions when you had to take time off from work? - I recall reading in one of your posts about 2 appointments/visits every months...
Thanks again for your informative blog!
Regards,
-- Concerned
Hi, sorry to hear you are another victim. Hopefully you get on the program and get through with no more bumps in the road. Let me answer your questions:
ReplyDelete-If you travel for work they will prob make you get travel permits if out of state. If its in state I wouldnt worry about it. I say this because you will schedule your PO appointment so you will know whether you will be in town or not. Travel permits are really only needed if flying and honestly I only got one when I traveled international (do this at your own risk). You will get the feel of the program and your PO once you start and will most likely start doing your own thing as in when you think you need a permit etc.
It should not affect your getting into the program.
-They always asked me for a paycheck when I went in for my appointment, this was once a month. So if you are getting some payment once a month they will want to see it.
-Your PO will ask when is good for you to come in. I always went in early 7:30am on Friday or MOndays...my choice.
-A call in UA, is a "surprise" UA...I only had this happen once and it was right after NYE...so not sure they will do this to you and if they do they give you 24 hours and 7-:6pm the next day they tell you to come in or call if there is a conflict in schedule.
-I think I had to take off work to pick up my travel permit and my PO called in sick...was very annoying. Another time may have been for my hair follicle from going out of the country.
Hope that helps!!
Cheers x
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If you just started a new job at the time of entry into the program and havent received a paycheck yet, what do you do? Also, there is a period of training before you are "on the books" in this job...had to give up my other job in education...it will come up on a background check...
DeleteHi, sorry to hear about your job issue...thats really unfortunate. I think they will ask you for some type of proof of employment. Or if your PO is nice they will let you bring one the next time, just ask and act like you dont know how everything works. They are somewhat lenient and say "ok bring it next time.".
DeleteI hope it works out. Good luck!!
Cheers x
Do you think a letter from the employer saying I've been hired will work?
DeleteYes, I think that would work. If you have an offer letter that is signed or something similar take it with you on your first visit. They will not be so harsh if you have something with you. And like I said, they will just ask you to email them a copy of your pay stub or bring it with you next time. I forgot my car insurance the first visit and they just asked me to bring it to the next appointment.
DeleteCheers x
Well this is for the orientation...have to bring a completed form with you...also I am totally freaked out about the breathalyzer in the car...so worried it will fault! Do you know anything about EZ Interlock? Their site says no hand sanitizer or cough syrup,etc...yikes!!
DeleteHi sorry for the late reply, I missed this one :-/
DeleteYes the interlock can detect anything alcohol related due to the air going in to the interlock when you have to suck in and blow again. Trust me I was freaked too. You can still wear perfume etc just try not to blow right after you use mouthwash or just use one that's alcohol free. Sorry your going through this :-(
Cheers x
3 months done on Divert...lawyer tells me today that my hearing with the Department of Public Safety did not go well. Officer showed up after it had already been rescheduled therefore I now have a suspended license.
ReplyDeleteTomorrow I will have to call my PO to figure out what the next step in my process is. I have completed all other aspects: Divert Class, 16 hours community service, 3 months Supportive Outpatient Treatment and have had an interlock in my car for 5 months now. I really hope he does not require me to get a breathalyzer that I will have to take with me to work or worse tell me that I am no longer eligible for Divert. Drinking and Driving....so very very dumb.
Hi! Major bullshit....you will have to get an occupational. Sorry :-(. The majority of people lose their license, so don't feel left out. See above description from another diverter...good info on the occupational.
ReplyDeleteCheers x
Hi LifeLesson1...I completed the DIVERT program three weeks ago... I would like to thank you on your blog as it was very informative along the way and relieved the anxiety throughout the process...was wondering if you noticed the new DA being elected and how DIVERT is being taken away?
ReplyDeletehttp://www.chron.com/news/politics/article/Anderson-rolls-in-DA-s-race-4014408.php
Hi congrats on getting through the program!! I read the article and heard a bit about the removal of the program. The issue that worries me is, are they going to allow us to remove the charge from our record completely after the 2 years?! I will have to look into this a bit more and post. Thank you for the info and I'm glad the blog helped!!
ReplyDeleteCheers x
I thought I would add a small piece of information to this post. Although I never got a "surprise" UA, I have received two "planned" UA's, one after a trade show in a popular location, and a second that is due after I get back from Xmas with my parents in another state. I had to go within one day after coming back from the out-of-state travel. But my officer told me about these UA's while she was giving me the travel authorizations, so as to warn me not to make a mistake while I was away.
ReplyDeleteB
Dear Life,
ReplyDeleteWhen you did your hair test. Did you also have to do a Hair Test for Alcohol?
And if you did, was it a separate test?
And did they give you separate results on a separate sheet from your Drug test?
How did they do it?
Thanks!
Hi Lifelesson1,
ReplyDeleteHope you’re still around. I just found your blog - thanks so much for taking the time to organize this. It answers a lot of questions and exposes a lot of stuff I hadn’t heard about (especially from my lame lawyer).
I was arrested about a month ago and am about to go in for the SALCE test. Despite all the promises up front, my lawyer’s been backing off of this ever since this PIP was offered by the DA. Guess if I’m accepted, then he doesn’t have to do any more work.
Anyway, from what I’ve found on the Internet, seems like this Divert program was replaced around 2013 by the current PIP program?
My question is about this so-called “contract” I have to sign, if accepted. I found a contract from Divert posted by another lawyer, and, IF the PIP contract is the same, which I suspect it is, then I just don’t see why I would ever want to volunteer for this program.
The main problem I have is that, In this Divert contract, it specifically states there’s no guarantee of dismissal after completion of the program, which is the ONLY reason I would consider it in the first place.
Other issues I have are:
Supposedly I have to write a “letter of remorse” admitting guilt. So, if I fail the program for some reason, this gives the prosecutor an admission of guilt and my lawyer has no chance for a trial?
Do they inspect your house (where I have a full wine cooler, beer, and lots of alcohol around)?
Do they try to interview your employer? (I would probably get fired if they knew).
What does the community service consist of?
Is the PIP contract posted anywhere that you know of?
My lawyer claims I won’t get an interlock, but seems like everyone here is forced to get one regardless. Is this true?
Any suggestions on how to pass this SALCE test?
Can I ask who your lawyer was, in case I need to dump mine?
Thanks again for taking your personal time to answer questions.
Hi,
DeleteTo answer your questions, hopefully I can answer most of them...you will get an interlock...no doubt about that. They will not go to your house or talk to your employer etc. they just say that shit to scare you. I don't remember writing a letter and I probably wouldn't because if the fact that the DA could use it against you. The test, be honest and don't try and cheat it the answers are misleading but also don't answer as an alcoholic or you will get more time.
Call my attorney and he will give you free consultation and info, he just put another client on divert and he's excellent. Ralph Manginello 713-443-4781.
If you have any other questions please ask me.
Hope that helps.
Cheers x
I had to write a letter for this new "program" replacing the DIVERT program, its called Pre-Trial DWI Program now. You have to write an extensive letter explaining what happened that night and give reasons as to WHY you should be considered a good candidate for this program..and yes you are pretty much pleading guilty to the offense.
ReplyDeleteThe SALCE test is totally bogus and it will ask you questions like WHEN YOU SMOKED MARIJUANA...did it make you feel good. And the answers are Yes or No basically making it SOUND as if you smoked marijuana no matter...so if you answer YES you are saying you smoked marijuana and it made you feel good...if you say NO, you are saying you smoked marijuana and it didn't make you feel good. See how this works? Its a NO WIN answer for you and opens you up to questions about how you answered. I scored a 3 out of 5 but I believe it was because I did the unthinkable and blew the night I was arrested and it came in over the 0.150 which is over twice the limit. If you are over the 0.150 you pay more to get bailed OUT and be ready to visit your PO twice a month and to get your Device calibrated twice a month..you are considered "high risk." And you better HOPE your Attorney is buddies with the Judge because most do not get into the program if you blow over the 0.150 limit. And your contract will include stuff like SOP, which is 90 days, twice a week Support Group which costs about $1,000.00 for the 90 days and you might even have to go to In-patient Hospital visit..I think that is like 3 whole days.
I got 20 hours of Community Service, 90 days of SOP (Out-patient support group - twice a week for 6-8 hours each week). Had a 9 Hour Alcohol and Drug Meeting I had to attend. Twice a month visitation with the PO, twice a month device calibration. It's a whole lot of work to be honest and from what I hear, a lot of folks just can't get thru all of this.
So, think about it...but just know you will have a conviction and you are faced with up to $4000 dollar fine, 90 days in Harris County or up to 3 years of Probation and then the $2000-4000 dollars of extra Car Insurance for like 3 years you have to pay. Its a huge decision.
This comment has been removed by a blog administrator.
ReplyDeleteHi all,
ReplyDeleteHas anyone been into the Pre-Trial Diversion program in Harris County for misdemeanors other than DWI? Please share your interview experience.
These are the documents requested by my Attorney for Pre-Trial Diversion (PTD):
ReplyDelete-Letter stating why Defendant deserves a pre-trial diversion as opposed to a deferred adjudication
-Written Confession & Written Apology!!
-Two letters of Recommendation from non-family members
-Proof of Residence
-Transcripts
-Employment Verification or proof of full time student enrollment
-Resume
All has to be in 10 pages or less!
PTD package has to be submitted no later than 60 days from first appearance!
I'm still in th application process, let's see how it goes.
Thanks Lifelesson1 for this blog
Are there any PTD experiences to share for other types of misdemeanors other than DWI?