I've been charged with drink driving. Can I get a work license?

Losing your driver’s license can be devastating for your employment and financial stability. In Queensland, the law allows for a Restricted License (commonly known as a Work License) under specific, narrow circumstances.

Are You Eligible?

To apply for a work license under section 87 of the Transport Operations (Road Use Management) Act 1995, you must meet all of the following criteria at the time of the offence:

1. Valid License: You held a valid Queensland open driver’s license.
2. BAC Level: Your Blood Alcohol Concentration (BAC) was less than 0.15%.
3. Clean History: You have not had your license suspended or cancelled in the last 5 years (some exceptions apply for medical suspensions).
4. No Prior Offences: You have not been convicted of a similar drink driving or dangerous driving offence in the last 5 years.

Proving “Extreme Financial Hardship”

The most difficult part of the application is proving to the Magistrate that the refusal of a work license will cause you or your family extreme financial hardship.

General “inconvenience” is not enough. You must show that:

• You will lose your job immediately if you cannot drive.
• There is no other person who can drive you to work.
• Public transport is not a viable option for your specific duties.
• Your employer is willing to sign an affidavit confirming they cannot keep you employed without a license.

The Application Process

The application is a formal legal proceeding that takes place in the Magistrates Court at the same time you are sentenced for the drink driving charge.

1. Drafting Affidavits: You must prepare a detailed affidavit for yourself and a separate affidavit for your employer.
2. Filing: These documents must be filed with the Court and served on the Police Prosecution well before the hearing.
3. The Hearing: You will appear before a Magistrate who will review the evidence and potentially ask you questions under oath.

Restrictions on a Work License

If granted, the license is strictly limited. You will usually only be allowed to drive:

• For purposes directly related to your means of earning a living.
• During specific hours (e.g., 7 am to 6 pm).
• In a specific vehicle.
• For the duration of the suspension period.

Related Topics

• Pleading Guilty vs Not Guilty
• Types of Criminal Offences in QLD
• Criminal Law Practice Area

Don’t Risk Your Career

The success rate of self-represented applications for work licenses is significantly lower than those handled by experienced criminal lawyers. A single error in an affidavit can lead to an immediate refusal, which cannot be appealed.

Fear losing your job? Contact Bell & Senior today. Call (07) 5532 8777.