Due to the increase in people driving under the influence of alcohol, Queensland Courts are taking a disapproving and serious view of this type of offending. As a result drivers are being punished with lengthy disqualification periods and high fines. In some situations repeat offenders are being sentenced to terms of imprisonment.
Natasha Shorter at Quinn & Scattini discusses drink driving, your rights and how you can go about obtaining a work licence.
“You may think (like many) that a drink driving charge is something quite minor. But a drink driving charge will result in you being disqualified from holding a driver’s licence for a period of time.
For many people losing a driver’s licence means losing their employment, which causes extreme hardship for the offender and their family. However, in certain circumstance our law allows a person to make an application for a restricted work license. However, as the name suggests the license can only be used for work related purposes and often results in the disqualification period being extended in duration.
To be eligible to make an application, at the time of the offence, you;
- Must have held a provisional or open driver’s license for the vehicle you were driving
- Must have had a blood alcohol level of less than 0.15%
- Must not have been driving for your job
- Must not have been driving under a license that required you to have a zero blood alcohol level e.g. if you were under 25 with a learners or provisional license
- Must not have lost your license or been disqualified for driving in the past five (5) years
If you satisfy all of these requirements you may be able to obtain a work license. To be successful in your application, you must satisfy the court that:
- You are a ‘fit and proper person’ and
- That if you don’t get a license you or your family will suffer extreme financial hardship as a result of you being unable to continue working.
If the court grants the application there are certain conditions and restrictions that your must abide by. These include;
- You must only drive within specified times;
- You must only drive specified class of vehicle;
- You may not be able to carry passengers in the vehicle.
- You may be required to keep a logbook of all trips undertaken.
A work licence carries four (4) points. If you accrue four (4) or more points your licence will be automatically cancelled.
A lawyer can assist you in determining if you are eligible to make an application for a work license and assist you with the entire application process.”