Navigating Drink Driving, Drug Driving Charges, and Demerit Point Suspensions in Queensland: Work Licences and Special Hardship Orders

Drink driving is a serious offence in Queensland, carrying significant legal consequences that can severely impact both personal and professional life. If you are facing drink or drug driving charges or a suspension of your driver’s licence, it’s important to understand your legal options, including applying for a work licence or special hardship order. These options can help you continue driving for essential purposes during your disqualification period.

Drink and Drug Driving Offences and Their Impact on Your Employment

In Queensland, both drink and drug driving offences carry harsh penalties, which may include long periods of licence suspension. For a first-time drink driving offence, the disqualification period can range from one to six months. Repeat offenders may face longer suspensions. For those who rely on driving for their job, these penalties can pose a significant threat to their livelihood. Work licences and special hardship orders provide essential solutions for individuals needing to continue driving during this time.

For drug driving, which can be detected through saliva, blood, or urine tests, the penalties are similarly severe. A first-time drug driving offence may result in a suspension of up to nine months, and further offences may lead to even more stringent penalties. In some cases, work licences are available for drug driving offences, but there may be stricter limitations, and in certain situations, individuals may be ineligible for a work licence altogether.

What is a Work Licence in Queensland?

A work licence is a restricted driver’s licence that allows individuals to drive for work-related purposes during their licence disqualification period. This option is crucial for people who depend on their vehicle for employment and would suffer significant hardship without it. Work licences are available for drink and drug driving offences under specific conditions.

Eligibility for a Work Licence:

To be eligible for a work licence in Queensland, you must meet the following criteria:

Hold a current, open driver’s licence.
The offence must involve drink driving, with a Blood Alcohol Concentration (BAC) under 0.15%.
You must prove that losing your licence would cause significant hardship, such as job loss.
You must not have had your licence suspended within the last five years.

It is important to apply for a work licence at the time of sentencing, as you only have one opportunity to apply. If your application is unsuccessful, you cannot reapply.

Why You Should Engage a Lawyer:

Hiring an experienced traffic lawyer can significantly increase your chances of obtaining a work licence. A lawyer will assist in preparing your application, gathering essential supporting documentation (e.g., character references and affidavits), and representing you in court. With expert legal assistance, you have a better chance of securing the work licence you need to continue working.

Special Hardship Orders for Demerit Point Suspensions

A special hardship order provides a legal solution for individuals whose licences are suspended due to accumulating demerit points or high-level speeding offences. Unlike work licences, special hardship orders allow drivers to maintain driving privileges for a variety of essential activities, such as attending medical appointments or fulfilling family responsibilities.

Eligibility for a Special Hardship Order:

To be eligible for a special hardship order, you must meet the following criteria:

Hold a current Queensland open or provisional licence.
Your licence must be suspended due to accumulating too many demerit points or committing a serious speeding offence (e.g., speeding more than 40 km/h over the limit).
You must demonstrate that not being able to drive would cause significant hardship to you or your family.

Applications for special hardship orders must be submitted within 21 days of the suspension. As with work licences, it’s critical to seek legal advice as soon as possible to ensure your application is correctly prepared and has the best chance of success.

Seeking Legal Assistance to Protect Your Licence

Both work licence and special hardship order applications require careful preparation and attention to detail. A skilled traffic lawyer can ensure that all necessary documents are filed correctly, advise you on the evidence you need to present, and represent you in court. Whether you need assistance with a work licence following a drink driving charge or a special hardship order due to demerit point suspension, legal representation can significantly impact the outcome of your case.

At Paradise Law, we represent clients in courts across Queensland, including We represent clients at all Courts throughout Queensland, including Southport Magistrates Court, Brisbane Magistrates Court, Coolangatta Magistrates Court, Pine Rivers Magistrates Court, Beenleigh Magistrates Court, Caboolture Magistrates Court, Roma Magistrates Court, Gladstone Magistrates Court, Rockhampton Magistrates Court, Toowoomba Magistrates Court, Caloundra Magistrates Court, Ipswich Magistrates Court, Cairns Magistrates Court and Maroochydore Magistrates Court. We specialize in drink driving and traffic law and are committed to providing tailored legal advice and representation to help you protect your licence and future.

Conclusion

Facing drink driving charges or a licence suspension can be life-changing, but options such as work licences and special hardship orders can help mitigate the impact on your personal and professional life. Seeking legal advice early in the process is crucial to ensure your application is complete and has the best chance of success.

At Paradise Law, we specialize in drink driving and traffic law cases. If you are facing a licence suspension or need help applying for a work licence or special hardship order, contact us today for a free consultation. Our team is here to protect your rights and help you navigate the legal process with confidence.

Disclaimer: This content is for general informational purposes only and should not be considered legal advice. It does not create a solicitor-client relationship. For legal advice, please consult a qualified lawyer.