Can You Get a Work Licence If Charged with Drug Driving in Queensland?

 

If you've been charged with drug driving in Queensland, you may be wondering if it's possible to get a work licence. A work licence is a special type of authority issued by the court that allows you to continue driving for work purposes even if your licence becomes disqualified by the court for drug driving. In this article, we'll discuss the requirements for obtaining a work licence in Queensland and explain how it works.

 

Drug Driving Laws in Queensland

Before we dive into the details of work licences, it's important to understand the two types of drug driving charges in Queensland. The first is driving with a relevant drug present, which refers to having one of three specific drugs in your system: methylamphetamine (also known as speed or ice), MDMA (the active ingredient in ecstasy), or THC (the active ingredient in cannabis). The second charge is driving under the influence of a drug, which can include any drugs (legal, illegal, prescribed or not) that police believe have negatively affected your ability to drive.

 

Eligibility for a Work Licence

To be eligible to apply for a work licence, you must meet several criteria:

1. Hold a current Queensland open driver's licence for the vehicle you were driving. The open licence must have been held at the time of committing the offence.
2. Have committed the drug driving offence by driving with a relevant drug present (and not driving under the influence).
3. Not have been driving for your job at the time you were charged (with some exceptions for jobs where driving is not the main component).
4. Not have been driving under a learner, provisional, probationary or restricted licence.

In addition, you must not have been convicted anywhere of drink driving or drug driving, or a similar offence, in the last five years. You also cannot have been disqualified by any court, had a licence suspended or cancelled (except in certain limited circumstances), or previously applied for a work licence.

 

Why a Work Licence is Important for Drug Driving Charges

In Queensland, there are mandatory periods of disqualification for drug driving offences. This means that if you plead guilty to drug driving, you will be disqualified from driving for a period of time. A work licence is important because it allows you to keep driving for work purposes during that disqualification.

 

Applying for a Work Licence

If you are charged with driving with a relevant drug present, you may be able to apply for a work licence when you appear in court to plead guilty. However, if you are charged with driving under the influence of a drug, you cannot apply for any type of licence to keep driving during your disqualification.

If the court grants you a work licence, it will allow you to drive for purposes directly connected with the means of earning an income. This includes driving to and from your place of work using the shortest route possible, as well as driving for any required work duties.

To apply for a work licence, you must provide the court with an affidavit of yourself and, if you're not self-employed, an affidavit of your employer. Your affidavit should address your personal, work, financial and driving circumstances, while your employer's affidavit should explain why you need a licence for your job and state that you will lose your job unless you are issued with a work licence. Both affidavits must be in the correct format, contain all necessary information to satisfy the magistrate, and be properly witnessed. They must also be accompanied by an application form.

 

Conclusion

If you are charged with drug driving in Queensland, it may be possible to obtain a work licence that will allow you to continue driving for work purposes during your disqualification period.