If your driver’s license has been suspended, you may wonder whether there is any way that you could be allowed to drive to work, so that you don’t lose your job, in addition to losing your license. Fortunately, Texas does issue something called an occupational or essential need license, which allows drivers whose licenses who have been suspended to operate a non-commercial motor vehicle for the purposes of work, school, and performing essential household duties. There are a few requirements which must be met before the Department of Public Safety will issue an occupational driver’s license. Many of the requirements are straightforward, but one requirement, the SR-22, often causes a great deal of concern and confusion.
If you are wondering what an SR-22 is, it is an endorsement that can be attached to an automobile insurance policy which creates an obligation for the insurer to continually monitor the status of that insurance policy, and to notify the Department of Public Safety if the policy’s status changes.
If you are required to obtain an SR-22, there are a few things that you should know in advance. One thing that you need to know is that not every insurer is willing to issue an SR-22. Before you contact your insurer to ask whether they will issue one for you, it is important that you understand the possible implications of doing so. If you ask your insurer to issue you an SR-22, they may initially refuse to do so, and they may even refuse repeatedly if you ask more than once. It is also possible that they might say that they will issue one, and then take a very long time to actually issue it. In some cases, the insurer takes such a long time to issue the SR-22 that the driver’s policy gets cancelled due to their license suspension before the SR-22 form is issued. What’s more, the driver who needs the SR-22 is not the only person who experiences consequences because of it. Insurance companies treat all of the drivers on an insurance policy as a group, so when one driver requests an SR-22, the entire family’s policy is labeled as “high risk”. This results in higher premiums for all family members, as well as the risk of nonrenewal.
Since attempting to obtain an SR-22 from your insurer could result in a long wait for the form to come through (and thus a lengthy wait for your occupational license), and the risk of nonrenewal or cancellation of the insurance policy which covers you and the other drivers in your family, you may wish to obtain an SR-22 from a source other than your insurer. If you choose to go this route, be aware that there is a right way to go about it and a wrong way, and that going about it the wrong way can result in unfavorable consequences. It is essential that you obtain a SR-22 on a non-owner’s or operator’s policy, and not on the owner’s policy for the vehicle that you drive. The reason for this is that if you were to obtain a SR-22 on an owner’s policy from a secondary source, that new policy would cancel your regular policy because duplicate coverage is not permitted under Texas law. Also, avoid purchasing your SR-22 through TAIPA, the “state pool”, because after you submit your application, it could take weeks, or even months, before you actually receive your SR-22.
An occupational driver’s license can help you to keep your job, take care of your home and family, or get to school. However, avoiding license suspension altogether is the best possible outcome for a driver who has been accused of driving under the influence. Your Texas DUI Defense Attorney can build an aggressive DUI defense which could keep you, and your driver’s license, in the clear. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.