Charged with Drink Driving and require a work licence?
You may be eligible for a restricted licence, or what is commonly known as a work licence.
Here’s what you need to know…
If you have been charged with drink driving and you are on your open licence you may be eligible to apply for a restricted licence for work purposes. However, there are strict eligibility requirements that must be met in order to apply. There is also a range of criteria that the court will take into account when deciding whether to grant you a work licence, as well as a strict time limit.
Am I eligible?
In order to apply for a work licence you must meet the following eligibility requirements:
You must have held a Queensland open licence at the time you were charged;
You must have had a Blood Alcohol Concentration of no higher than 0.149, and as such been charged with a low or mid-range DUI offence; and
You must not have had your licence suspended or cancelled or have been charged with a drink driving offence anywhere in the past five years.
So long as you meet the eligibility requirements outlined above you will be eligible to apply for a work licence under Queensland law. However, this does not mean that you will be automatically granted a work licence. In order for the Court to grant you a work licence an application must be submitted to the Magistrate which addresses the criteria outlined in the legislation.
Do I meet the criteria?
In order for the Magistrate to award you a work licence you must show the Court that you meet the criteria in the legislation, which includes:
Your suitability to hold a restricted licence in that you are a ‘fit and proper person’ to do so; and
Proof that a failure to award you with a work licence would cause you and/or your family to suffer extreme hardship as you would be deprived of earning a living.
In order to prove that you and/or your family would suffer extreme hardship, you will need to provide the court with an affidavit from your employer that proves this. In the case you are self-employed you will need to show that your business would not be able to continue should you lose your licence.
When can I apply?
The legislation in Queensland is very strict as to when you are able to apply for a restricted work licence. An application for a work licence is only able to be made in the proceedings at which the court disqualifies your licence. This means that you are not able to apply for a work licence after your licence has been disqualified for a DUI offence, it must be done at the time of sentencing. The legislation is very strict about this and the Magistrate will not make any exceptions, for this reason it is crucial that you are prepared to apply if you need your licence for work purposes.
How do I apply?
To apply for a work licence you will need to be prepared. This involves preparing a number of complex affidavits that address all of the eligibility requirements in the legislation. In addition to handing your affidavits to the Magistrate, you will need to orally address the criteria orally before the court. Due to the strict time limits this will need to be done before the Magistrate orders that your licence is disqualified. For this reason it is crucial you are organised.
If you choose to represent yourself in Court you run the risk of being unsuccessful in your application for a restricted licence. Before taking that risk, give GC Crime Lawyers a call on 1300 127 463 to discuss whether you are eligible to apply for a work licence. We understand the critical nature your licence and your employment is to your livelihood and offer fixed rate fees for preparing your restricted licence application. We also provide you with peace of mind that you have the best opportunity of your application succeeding.