Work Licences Explained
If you have been charged with drink driving in Queensland, a work licence may allow you to keep driving for work during your disqualification period. It is the most common question people ask after a drink driving charge — and the answer depends on your charge provision , your driving history, and your employment — not the BAC reading. This guide explains how work licences work under Queensland law, who is eligible, what evidence the court needs, and what to expect at the hearing.
What Is a Work Licence?
A work licence is a restricted driving authority granted by the Magistrates Court under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) — known as the TORUM Act. It does not prevent a disqualification. If you are convicted of drink driving, a mandatory disqualification period applies regardless. What a work licence does is allow you to drive during that disqualification period — but only for work purposes. A work licence authorises driving: To and from your place of work During the course of your work, if your employment requires driving It does not restore your full licence. You cannot use it for personal driving — school runs, shopping, social activities, or any purpose not directly connected to work. Your BAC limit on a work licence is zero. For a focused overview of the section 87 work licence process in Cairns — eligibility, evidence, and how the hearing works — see our Cairns work licence guide .
Who Is Eligible?
Not everyone charged with drink driving can apply for a work licence. The TORUM Act sets out strict eligibility criteria. You must meet all of the following: The charge provision — and your BAC reading A work licence is only available for convictions under s 79(2) (general alcohol limit — BAC 0.050 to 0.099) or s 79(1F) (middle alcohol limit — BAC 0.100 to 0.149). If you are charged with Driving Under the Influence (DUI) under s 79(1), you cannot apply — and this includes readings of 0.150 or above, because section 79(3) of the TORUM Act creates a conclusive presumption that a person with a BAC of 0.150 or above was under the influence, meaning the charge is laid under s 79(1). Section 87(5)(da) bars work licence applications for all s 79(1) convictions. An interlock condition applies for readings of 0.100 and above. You must hold a Queensland open licence You must hold a current Queensland open licence (Class C, RE, or R) at the time of the offence. Learner, provisional, probationary, heavy vehicle, taxi, rideshare, restricted, and interlock drivers are not eligible. The bar on provisional licence holders arises from s 87(5)(f) of the TORUM Act, which requires the applicant to hold a provisional or open licence — and s 87(5)(e), which further requires the licence to be an open licence immediately before the disqualification. You must not have been driving for work at the time If you were driving a work vehicle, driving in the course of employment, or already driving under a work licence at the time of the offence, you are not eligible. No relevant traffic history in the past 5 years If you have had a drink driving conviction, a licence suspension, a licence cancellation, or certain other traffic convictions within the past five years, you are not eligible. This is the criterion that catches people most often — a forgotten suspension or an old conviction from several years ago can disqualify you. You must genuinely need your licence for work The court must be satisfied that a disqualification without a work licence would cause you genuine hardship in earning a living. This is not a formality — it requires evidence.
What Evidence Does the Court Need?
A work licence application is decided on the material placed before the Magistrate. The application fails or succeeds on the quality of that material. The court needs to see: Your affidavit A sworn statement setting out your employment, why you need your licence for work, your personal circumstances, and the hardship a full disqualification would cause. The affidavit must be specific — not a general complaint about inconvenience, but a concrete explanation of how losing your licence would affect your ability to earn a living. Employer evidence A letter or statutory declaration from your employer confirming your role, that driving is a necessary part of the job, and that your employment is at risk without a licence. If you are self-employed, you need to provide evidence of your business — ABN registration, contracts, client records — and explain why the business cannot operate without you driving. Your traffic history The court will have your traffic history. If there is anything on it from the past five years — a suspension, a cancellation, a prior drink driving offence — the application will fail at the eligibility stage. Sacha will check this before the hearing, not at the hearing. Alternative transport evidence The court may ask whether alternative transport is available. In Cairns and Far North Queensland — where public transport is limited, distances are long, and many work sites are remote — the practical impossibility of alternative transport is a genuine factor. But the court expects you to address it, not assume it.
What Happens at the Hearing
The work licence application is heard at the same time as the guilty plea for the drink driving charge. It cannot be applied for later — if you do not make the application at sentencing, you lose the opportunity entirely. The hearing runs like this: You plead guilty to the drink driving charge The prosecutor reads the facts of the offence Sacha makes sentencing submissions — addressing the penalty, the disqualification period, and whether a conviction should be recorded Sacha then presents the work licence application — the affidavit, employer evidence, and submissions on eligibility and hardship The prosecutor may or may not oppose the application. In practice, most prosecutors do not actively oppose a work licence where the eligibility criteria are clearly met The Magistrate decides whether to grant the work licence and imposes the sentence If granted, the work licence takes effect immediately. You leave court with authority to drive for work purposes. The work licence runs for the duration of the disqualification period. If refused, the full disqualification applies. There is no separate right to re-apply — your recourse would be an appeal to the District Court.
The Alcohol Interlock and Work Licences
If your BAC was 0.100 or above (mid-range or above), the alcohol ignition interlock program applies to your licence — including your work licence. An interlock device is fitted to the vehicle you drive. It requires a clean breath sample before the engine will start. The interlock obligation runs for a set period after your disqualification ends. It is administered by the Department of Transport and Main Roads, not the court. The practical implication: if you are granted a work licence and the interlock program applies, you will need an approved interlock device fitted to any vehicle you drive under the work licence. The cost of the device is borne by you. If you drive a work vehicle owned by your employer, the employer must consent to having the device fitted. This is a conversation worth having with your employer before court — not after.
Why Work Licence Applications Fail
Most unsuccessful work licence applications fail not because the applicant was ineligible, but because the material was inadequate. Common reasons include: Vague affidavit. Saying "I need my licence for work" is not enough. The court needs specifics — what you do, where you drive, how far, how often, and what happens if you cannot drive. Weak employer evidence. A one-line letter from a boss saying "he needs to drive" does not address the statutory criteria. The court wants to know the role, the driving requirement, and the consequence of losing the licence. Failure to address alternatives. If the Magistrate thinks you could take a bus, get a lift, or work from a different location, the application is weakened. The material needs to address — honestly — why alternatives are not available. Self-represented applications. Work licence applications have specific legal requirements. Missing a criterion, filing incomplete material, or failing to address a concern raised by the Magistrate can result in refusal — even where the applicant was eligible. Unknown traffic history. Finding out at the hearing that a prior suspension exists is too late. The eligibility check should happen before the court date.
If You Are Self-Employed
Self-employed applicants face additional scrutiny. There is no employer to provide a letter, no supervisor to confirm the driving requirement. The court needs to be satisfied — on the material you provide — that your business genuinely requires you to drive and that a disqualification would cause genuine hardship to your livelihood. What helps: ABN registration and business records showing the nature of the work Client contracts or invoices that demonstrate driving is part of the service Evidence of work sites, delivery routes, or client locations that cannot be reached without driving Financial records showing the business income that would be lost What does not help: vague statements about "running a business" without specifics. The more concrete the evidence, the stronger the application.
Frequently Asked Questions
Can I apply for a work licence after I've been sentenced?
No. The work licence application must be made at the same hearing as the guilty plea. If the opportunity is missed, it cannot be applied for later. The only recourse would be an appeal to the District Court.
Can I drive for personal reasons on a work licence?
No. A work licence authorises driving to and from work, and during the course of work, only. Driving for any other purpose — school runs, shopping, social — is driving while disqualified, which is a serious criminal offence.
What if my BAC was 0.150 or above?
A work licence is not available. A BAC of 0.150 or above triggers the conclusive presumption under section 79(3) of the TORUM Act — you are deemed to have been driving under the influence. The charge is laid under s 79(1), and section 87(5)(da) bars work licence applications for all s 79(1) convictions. A work licence is only available for BAC readings under 0.150 — that is, charges under s 79(2) (general alcohol limit) or s 79(1F) (middle alcohol limit). Sacha will confirm your charge provision at the first consultation.
What if I have a prior drink driving offence?
If the prior offence was within the past five years, you are not eligible for a work licence. If it was more than five years ago, eligibility depends on whether any other traffic matters appear on your history in the intervening period. Sacha checks this at the first consultation.
What if my employer won't provide a letter?
The application is significantly weaker without employer evidence. In some cases, a statutory declaration from a colleague or a letter from a client can partially address the gap — but the court expects direct evidence from the employer. Sacha will advise on options if employer evidence is not available.
How long does the work licence last?
The work licence runs for the duration of the disqualification period. Once the disqualification ends, your full licence is restored (subject to any interlock requirements).