How We Obtained a Drink Driving Work Licence in QLD for a Middle Range DUI Client

Being charged with a middle range drink driving offence in Queensland is a serious matter. The potential loss of your driver licence can have immediate and devastating consequences for your employment, your business, and your ability to support your family. However, Queensland remains the only state in Australia where eligible drivers can apply for a Restricted Work Licence (also known as a Section 87 Work Licence) — a Court Order that allows you to continue driving for work purposes while otherwise disqualified.

In this article, our Brisbane DUI Lawyers walk through a recent middle range drink driving matter we appeared on at the Brisbane Magistrates Court, where we successfully obtained a Drink Driving Work Licence for our client. This case study explains the process, the eligibility requirements, and the outcome — so you can understand what may be possible in your situation.

What Happened — The Middle Range Drink Driving Charge

Our client had been attending an event at the Brisbane Convention Centre with his wife. Over the course of the evening, he consumed several alcoholic drinks before going to dinner in the Brisbane CBD. He had planned ahead and pre-arranged a designated driver service to take both him and his vehicle home safely at the end of the night.

Unfortunately, the designated driver service contacted him during the evening to advise they were unable to attend. With his car in the city and no alternative transport organised at short notice, he made the decision to drive home. He was subsequently stopped by police and returned a blood alcohol concentration (BAC) reading of 0.135 — placing him firmly in the middle range drink driving category, which covers readings between 0.100 and 0.149 in Queensland.

A reading of 0.135 is considered serious. It sits just below the high range threshold of 0.150, and the Court treats readings at this level with appropriate gravity. Our client was facing a mandatory licence disqualification period, a substantial fine, and the real possibility that losing his licence would destroy his livelihood. You can read more about the different categories and thresholds in our guide to drink driving offences in QLD.

Why a Restricted Work Licence Was Essential

Our client is a self-employed business owner who relies entirely on his ability to drive to operate his business. His work requires him to travel to various locations across South East Queensland on a daily basis to meet clients, attend sites, and manage operations. Without his driver licence, his business could not function. There was no realistic alternative — public transport could not cover the locations he needed to reach, and hiring a driver full-time was not financially viable.

This is exactly the kind of situation where a QLD Restricted Work Licence can make the difference between a person losing their business and being able to continue supporting their family while serving their disqualification period.

Who Is Eligible for a Drink Driving Work Licence in QLD?

Not everyone charged with a drink driving offence qualifies for a Restricted Work Licence. There is a strict eligibility criteria set out under Section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld). To be eligible, you must generally satisfy the following requirements:

• You held a valid Queensland open driver licence at the time of the offence
• Your BAC reading was below 0.150 (you were not in the high range category)
• You have not been convicted of a relevant disqualifying offence within the past five years
• You were not involved in an accident that caused death, grievous bodily harm, or bodily harm to another person
• You genuinely require your licence for the purpose of earning a living

Our client satisfied each of these criteria. He held a current open Queensland licence, his reading of 0.135 was below the high range threshold, he had no prior drink driving convictions, there was no accident, and he could demonstrate a clear and genuine need to drive for his employment. For a detailed breakdown of penalties you may be facing, see our QLD drink driving penalties guide.

The Step-by-Step Work Licence Application Process

Step 1 — First Court Appearance and Adjournment

At the first mention date at the Brisbane Magistrates Court, we appeared on behalf of our client and indicated to the Court that he was eligible to apply for a Restricted Work Licence under Section 87. We requested an adjournment of approximately two to three weeks to allow us time to prepare the formal application materials and supporting evidence. The Magistrate granted the adjournment.

Step 2 — Preparing the Application and Evidence

During the adjournment period, we prepared the following materials to be filed with the Court and served on the Police Prosecution:

• The formal Section 87 Restricted Work Licence Application form
• A detailed Affidavit sworn by our client setting out his employment situation, the nature of his business, the specific driving requirements of his role, and why he cannot perform his work without a driver licence
• Supporting documentation to demonstrate the genuine need for the licence

These documents must be filed and served within the timeframes set by the Court. Missing these deadlines can result in the application being refused, so proper legal preparation is critical.

Step 3 — Traffic Offenders Program

We also advised our client to complete the Queensland Traffic Offenders Program prior to the final hearing. This is a well-regarded educational course that helps participants understand the real dangers of drink driving and develop safer attitudes towards road use. Completing this program demonstrates to the Court that the applicant has taken genuine steps toward rehabilitation and is committed to being a safer driver.

Our client completed the program to a high standard and received a completion certificate, which we were able to tender to the Court as evidence of his rehabilitation.

Step 4 — The Final Court Hearing

On the return date, the matter proceeded as both a sentencing hearing for the middle range drink driving charge and an application hearing for the Restricted Work Licence. We tendered all supporting evidence, including the affidavit, the application forms, and the Traffic Offenders Program completion certificate.

We then made detailed oral submissions to the Court, addressing the key matters the Magistrate needed to be satisfied of before granting the application. Understanding the QLD DUI Court process and what Magistrates are looking for is an essential part of presenting a successful application.

Proving Our Client Was a “Fit and Proper Person”

One of the most important elements of any Work Licence application is persuading the Court that the applicant is a “fit and proper person” to hold a Restricted Work Licence. This is not just about the current offence — the Court will consider the applicant’s entire driving history, their character, and whether they can be trusted to comply with the strict conditions of a Work Licence.

Our client did have a number of entries on his traffic history, mostly consisting of speeding infringements. We addressed this directly by explaining to the Magistrate that, given the significant amount of time our client spends on the road for his business, he was more exposed to the risk of incurring these types of minor infringements compared to someone who drives less frequently. Importantly, there were no prior serious drink driving or major traffic offences on his record.

We were also able to rely on his completion of the Traffic Offenders Program to demonstrate that he had re-educated himself on road safety and was now better equipped to be a responsible driver. This combination of factors — no prior serious offences, genuine remorse, and proactive rehabilitation — allowed us to persuade the Court that he was indeed a fit and proper person.

The Result — Work Licence Granted

The Magistrate agreed with our submissions and granted the Restricted Work Licence for a period of six months. Our client was also fined $1,000 for the middle range drink driving offence.

The Work Licence came with specific conditions and restrictions. A Restricted Work Licence does not allow unrestricted driving — it permits driving only for the purpose of travelling to and from work, or performing duties during the course of employment. Our client was required to maintain a logbook recording all work-related driving during the restricted period.

The outcome meant our client could continue operating his business, generating an income, and supporting his family — rather than facing the devastating financial consequences of a full licence disqualification. He was extremely grateful for the result and took away significant lessons from the experience.

Key Takeaways From This Middle Range DUI Case

There are several important lessons from this matter that may be relevant if you are facing a similar situation. First, having a plan to get home safely is essential, but you also need a backup plan in case your original arrangements fall through. Second, if you are charged with a middle range drink driving offence and your livelihood depends on your licence, a Restricted Work Licence application may be available to you — but it requires careful preparation and proper legal representation to give you the best chance of success.

Third, completing the Queensland Traffic Offenders Program before your court date is one of the most effective steps you can take to strengthen your case. It demonstrates genuine rehabilitation to the Court and can significantly influence the outcome. Finally, engaging experienced drink driving lawyers who understand the eligibility criteria, the application process, and how to present persuasive submissions can make a real difference to your result.

Some people in this situation also look into structured preparation tools such as the DIY DUI Method to better understand the court process and organise their material.

Frequently Asked Questions

What is a Restricted Work Licence in QLD?

A Restricted Work Licence (also called a Section 87 Work Licence) is a Court Order that allows a person who has been disqualified from driving due to a drink driving offence to continue driving for work purposes only. It is granted at the discretion of the Magistrate and comes with strict conditions, including that you can only drive to and from work or while performing work duties. Queensland is currently the only state in Australia that offers this type of licence.

Can I get a work licence for a middle range drink driving charge?

Yes, in many cases a person charged with a middle range drink driving offence (BAC between 0.100 and 0.149) can apply for a Restricted Work Licence, provided they meet the eligibility criteria under Section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld). You must hold a valid open Queensland licence, have no disqualifying prior offences in the past five years, and demonstrate a genuine need to drive for work.

What happens if my BAC reading is 0.150 or above?

If your BAC reading is 0.150 or above, you fall into the high range drink driving category and are generally not eligible to apply for a Restricted Work Licence. High range offences carry more severe penalties, including longer disqualification periods and potential imprisonment. You may also be required to participate in the Queensland Alcohol Interlock Program before your licence can be reinstated.

How long does the work licence application process take?

The process typically takes between three to six weeks from your first court appearance to the final hearing. The Court will usually grant an adjournment of two to three weeks to allow time for the formal application and supporting evidence to be prepared, filed, and served on the Police Prosecution. The timeframe can vary depending on the specific court and its listing schedule.

Do I need a lawyer to apply for a work licence?

While it is technically possible to apply without a lawyer, the process involves strict eligibility criteria, formal court documents, evidence preparation, and persuasive oral submissions. Errors in the application or failure to meet deadlines can result in the application being refused. Engaging an experienced drink driving lawyer significantly improves your chances of a successful outcome.

What is the Queensland Traffic Offenders Program?

The Queensland Traffic Offenders Program is an educational course designed to help traffic offenders understand the dangers and consequences of unsafe driving behaviour. Completing this program before your court date demonstrates to the Magistrate that you have taken proactive steps toward rehabilitation. Courts view participation in this program favourably, and it can positively influence your sentence and any work licence application.

Losing your driver licence does not have to mean losing your livelihood. If you are eligible for a Restricted Work Licence, taking the right steps early — and getting the right legal advice — can make all the difference. Our team at Boorman Lawyers appears regularly in Magistrates Courts across Queensland and has extensive experience in drink driving matters and work licence applications. We are here to help you achieve the best possible outcome.