Most people would be aware that certain drink driving charges allow you to apply for a work licence to keep driving for work purposes.  The question is, can a person charged with drug driving also apply for a work licence?

What are the conditions to be able to apply for a work licence

To apply for a work licence you must satisfy the following conditions:

• at the time of the offence, you held a current Queensland open driver licence

• at the time of the offence, you were not driving for your job (there are some exceptions)

• in the last five years, you have not been convicted anywhere of a drink or drug driving offence

• in the last five years, you have not been disqualified or had your licence suspended or cancelled in Queensland

Who cannot apply?

You cannot apply for a work licence if any of the following circumstances apply to you:

• at the time of the offence, you were driving a motor vehicle that you were not authorised to drive

• you held a provisional licence or learners permit

• your blood alcohol level exceeded 0% while driving a truck or taxi

• your BAC reading was above .15 (high range drink driving) or you were charged with driving under the influence of a drug.

If you have a drink or drug driving matter and are not eligible to apply for a work licence then we can help minimise your period of licence disqualification just visit our drink driving or drug driving webpage for more information.

What exactly is a work licence?

A work licence allows a person to drive for purposes directly connected with the means of earning an income.  A work licence is available to employed and self-employed people.  A work licence will allow you to drive to and from your place of work using the shortest route possible as well as drive for any required work duties.

A work licence cannot under any circumstances allow you to drive for personal reasons such as shopping, picking up your children, going to the doctor etc.

What types of drug driving charges are there in Queensland?

There are two types of drug driving charges in Queensland.  They are:

1. Drug driving - Under the influence
2. Drug Driving - Relevant drug in your system

You cannot apply for work licence if you have a charge of drug driving under the influence.

Driving with a relevant drug in your system

The is the lessor of the drug driving charges.  It is generally imposed where a salvia test shows up positive but the person is not otherwise showing any signs or indicia of being affected by that drug.

For an open licence holder with no previous disqualification in the last 5 years the minimum disqualification starts at 1 month and can go as high as 9 months.  In many cases a person in this situation could apply for a work licence.

Driving under the influence of a drug

Driving under the influence of a drug (“DUI”) is the more serious of the drug driving charges in Queensland.  It is generally charged where a person is showing signs of being affected by drugs or where there is an accident and a blood sample is taken, tested and found to contain high levels of drugs.

The minimum disqualification period for this charge is 6 months, if the person has no previous convictions. 

You can be charged with driving under the influence of any type of drug not just the ones tested for in the salvia test.  This means you can be charged with drug driving even on legally prescribed drugs.

You cannot apply for a work licence if charges with this offence.

So can a drug driver apply for a work licence?

Yes, a person charge with drug driving can apply for a work licence as long as the following apply;

1. The conditions mentioned earlier are met and there are no disqualifying conditions

2. That the charge was drug driving with a relevant drug in your system and not drug driving under the influence

3. You pass the following work licence tests

   1. You are a fit and proper person to hold a work licence; and

   2. You will lose your job or income if you aren’t granted a work licence

How do I know if I’m charged with drug driving under the influence or with a relevant drug?

The police should have written it on your notice to appear in court.

Otherwise if you were given a notice of suspension of your licence for 24 hours then this is likely a sign you were charged with drug driving with a relevant drug.

What do you charge?

We charge a flat fee of $1,999 for applying for a work licence, that means no hidden charges or unexpected bills.  

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you.  Clarity Law on the other hand are happy to list our prices as we are sure no other South East Queensland law firm can match our prices and experience. Our price includes;

• full preparation for court including checking for defences and devising strategy to minimise penalty

• contact with the police prosecution unit to obtain your traffic history and charge documents

• drafting all affidavit material

• arranging for you to attend a driving course (if appropriate)

• all telephone calls, emails and meetings with you

• detailed information to you on the likely penalty and information on what will happen at court and afterwards

• appearing in the court with you for your guilty plea to the drug driving charge and for the work licence application

If I contacted you what would occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge and work licences. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them.

How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken almost 1,000 successful work licence applications throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

7. Visit our main Work Licence or Drug Driving pages.

Need more information?

We have a range of articles on work licences on our blog.  Some of the most recent have included:

• The Essential Guide to Obtaining a Work Licence

• Special Hardship Orders v Work Licences

• The Essential Guide to Obtaining a Work Licence

• Work Licence Affidavits

• Drug Driving Charges Skyrocket

• Drug Driving Loopholes

• The Different Types of Drug Driving

• Negotiating with a Prosecutor in Queensland

• What is a QP9 and why is it important to your charge?

• Special Hardship Orders v Work Licences

• Drug Driving on Synthetic Drugs

• Essential Guide to Drug Driving

• Drug Driving Lawyer Brisbane

• Drug Driving Lawyer Pine Rivers

• First Time drug driving charge in Brisbane

• Guide to Drug Driving charges in Brisbane