If you are found guilty of drink or drug driving you will be disqualified from driving for a certain period of time. The law states that you must be disqualified from driving for a minimum period of time before you can drive again. The Magistrate cannot overrule the minimum disqualification periods, however there are limited circumstances where you may be able to apply for a work licence.
A work licence is a licence that lets you drive for work even though your normal driver licence has been cancelled because of drink driving or a similar offence. A work licence is officially called “a restricted licence under section 87 of the Transport Operations (Road Use Management) Act 1995”.
The following criteria applies for you to be eligible for a work licence:
You may be eligible for a work licence if:
- you have been charged with drink driving, fail to provide a sample of breath at the roadside, or driving with a relevant drug in the blood or saliva (but not driving under the influence of alcohol or drugs or fail to provide a specimen of breath at the police station) and
- you are going to plead guilty and are going to lose your driver licence and
- you need your driver licence for work.
You must be going to plead guilty to one of the following offences:
- drink driving
- being in charge of a vehicle while over the limit
- driving with cannabis, ecstasy or ice (these are referred to as a “relevant drug” in the legislation) in your saliva or blood
- being in charge of a vehicle with a relevant drug in your saliva or blood
- failing to supply a breath or saliva sample at the roadside (not at the police station).
You will not be eligible for a work licence if you have been charged with driving or being in charge of a vehicle while under the influence of drugs or alcohol, as these are more serious charges. A blood alcohol content of 0.15 percent or more is considered to be “under the influence.”
To apply for a work licence you must also be able to tick all the boxes below:
- You held a current Queensland open driver licence for the vehicle you were driving when you were caught for one of the offences listed above.
- You had a blood alcohol concentration level of less than 0.15 percent when you were caught for one of the offences listed above.
- You weren’t driving for your job or already under a work licence when you were caught for one of the offences listed above.
- You weren’t driving under a licence that required your blood alcohol concentration to be zero when you were caught for one of the offences listed above e.g. a learner licence or provisional licence.
- You hold a current Queensland open driver licence when you apply for the work licence.
- You haven’t been convicted anywhere of drink driving or a similar offence in the last five years.
- You haven’t been convicted in Queensland of dangerous driving in the last five years.
- You haven’t had your licence disqualified, suspended or cancelled in the last five years. (There are some exceptions to this, eg if the State Penalties Enforcement Registry suspended your licence because you didn’t pay your fine, or your licence was suspended for 24 hours after you were charged).
Even if you have ticked all the boxes above, you must also:
- apply to the court at the time you are convicted and before the court orders that you are disqualified from driving
- show the court you are a ‘fit and proper person’
- show the court that you’ll lose your job (and your income) if you don’t get a work licence, which will cause extreme hardship to you or your family.
You only get one shot at applying for a work licence so it is critical that you follow the correct procedure i.e. filing an application and supporting affidavit/s at court and serving the documents on the police prosecutions. The material you file and serve must include all of the relevant information in order to be successful in your application.
If you think you might be eligible for a work licence it is best to seek legal advice. At Watling Roche Lawyers we can assist you with preparing the documents and speak on your behalf in court. We have 100% success rate and we offer a guarantee of No Work Licence – No Fee which means if you are not granted a work licence we will refund your money in full. Call or SMS us now for a Free Consultation!