If you have been charged with a drink driving offence (.05 – .149) you may be eligible for a restricted work licence permitting you to drive for employment purposes.
The restricted work licence permits a driver whose licence has been disqualified for a drink driving offence to continue to drive under specified circumstances. These include:
• Purpose for which the motor vehicle may be driven under the licence;
• Class of motor vehicle which may be driven;
• Times at which the driver may drive;
• Whether named passengers may be transported in the vehicle; and
• A requirement to carry the Special Hardship Order.
You are ineligible to apply if, when you were charged, you:
- Were the holder of a non-Queensland driver licence; or
- Were under 25 years of age and driving the motor vehicle under a Queensland learner, provisional or probationary licence or not the holder of a licence; or
- Were driving the vehicle under a Queensland restricted licence issued to you under a Court Order; or
- Were engaged in an activity directly connected with your means of earning a living; or
- Were driving a motor vehicle that you were not authorised to drive under your open licence; or
- Were the holder of a restricted (work) licence; or
- Were over the no alcohol limit that applies to the driver of the motor vehicle that you were driving; or
- The concentration of alcohol in your blood or breath was equal to or more than 0.15%.
You are further ineligible to apply if within the last 5 years before the making of the application:
- You have been previously convicted in Queensland of a drink driving offence; or
- You have previously been convicted outside Queensland of a drink driving offence which, if it had been committed in Queensland, would have been an offence; or
- You have been convicted of operating a motor vehicle dangerously; or
- Your Queensland driver licence has been cancelled, suspended or you have been disqualified from holding or obtaining a Queensland driver licence.
Your application must be made immediately after you have been found guilty and before the Magistrate disqualifies you from holding or obtaining a driver licence.
The Court can only grant a restricted licence if they are satisfied that:
- You are a fit and proper person to continue to drive, having regard to the safety of other road users and the public generally; and
- The refusal to grant the order would cause extreme financial hardship to you or your family by depriving you of your means of earning a livelihood.
There are additional requirements relating to where the Application needs to be filed, when and upon whom it must be served and what must accompany the Application to satisfy the statutory requirements. Failure to attend to such requirements may exclude a Magistrate from hearing the Application. You should attend upon an experienced Criminal Law Solicitor such as Michael Gatenby to ensure you have the best chance of being granted your licence.
To schedule an appointment with Michael Gatenby please contact our office on 55800 120.