If you have been convicted of a drink or drug driving offence and you require your drivers’ licence for work, you may be eligible to apply to the Court for a Restricted Licence. This is also referred to as a Work Licence which allows you to drive under specific conditions.
These conditions commonly include the type of vehicle you are permitted to drive, the purpose you are driving for, and specific times you are permitted to drive. Additionally, if you are granted a Restricted Licence, you must carry your licence and Court Order to show to a police officer upon request, comply with all conditions set by the court and have a zero-blood alcohol concentration.
You may be eligible to make an application for a restricted licence if:
- You hold a Queensland Open Licence;
- You have not lost your licence for any reason in the last 5 years; and
- At the time you committed the offence, your blood alcohol concentration was no more than 0.15%.
You are not be eligible to make an application for a restricted licence if:
- You hold a provisional or learner’s licence;
- Your licence has been suspended, disqualified, or cancelled in the last 5 years (this does not include any State Penalties Enforcement Registry (SPER) suspensions);
- At the time you committed the offence, your blood alcohol concentration was over 0.15%;
- You committed the drink driving offence whilst driving a class of vehicle that you were not authorised to drive;
- You have been convicted of drink or drug driving or dangerous driving in the past 5 years; or
- You were driving for work-related purposes at the time of your offence.
Upon making an application for a restricted licence to the Court, you must satisfy the two following elements:
- That you and your family would suffer extreme financial hardship resulting from you losing your means of earning a living if your application was denied; and
- You are a fit and proper person to be granted a licence, taking into consideration your traffic history. This means that you must satisfy the court that you are not a danger to other road users.
It is important to note that any application for a Work Licence must be made prior to being sentenced for the offence. You are ineligible to apply after a sentence has been imposed.
Further, should the Court grant a Work Licence, the Court has the Court may impose a disqualification period to be twice that is otherwise specified as the maximum penalty in the legislation. You cannot drive for any other reason whilst subject to a Work Licence, such as attending to childcare matters or shopping. If you are found to be driving outside of the condition of your Work Licence, you can be charged with a further offence and have your Work Licence cancelled.
