QUEENSLAND

Beaudesert Drug Driving Lawyer Case Review: Work Licence After a Positive Drug Test

By Joshua Boorman · · QLD posts

In shortIn this case review, Beaudesert Drug Driving Lawyer Joshua Boorman explains a drug driving matter finalised at Beaudesert Magistrates Court. Our client was pulled over for speeding, returned a positive roadside drug test and needed a licence to keep working. After a section 87 restricted work licence application with supporting affidavits and a Traffic Offenders Program certificate, the court granted a work licence for 2 months, imposed a $300 fine and did not record a conviction.

  • Positive roadside drug test after a speeding stop; drugs consumed the night before
  • Section 87 work licence application with employer and applicant affidavits
  • Outcome: 2-month work licence, $300 fine, no conviction recorded

Queensland law · law checked 5 Nov 2026

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Drug Driving Lawyer outside Beaudesert Courthouse
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Case overview

Joshua Boorman recently appeared at Beaudesert Magistrates Court, about an hour west of the Gold Coast, on a drug driving matter. Our client had been pulled over for speeding, gave a roadside drug test that came back positive, and faced losing the licence they needed for work.

The hearing was at the new Beaudesert Courthouse. This post reviews how the matter was prepared and what the court did. For the court itself and how we appear there, see our Beaudesert DUI lawyers page. For drug charges more generally, see QLD drug driving offences and penalties.

Watch the video: Beaudesert DUI Lawyer Joshua Boorman outside Beaudesert Magistrates Court

Joshua Boorman explains this Beaudesert Magistrates Court matter (5:23). Every case is different. Past results don’t predict the outcome of any other matter.

We placed the video here, straight after the overview, so you can hear Joshua explain the matter in his own words before reading the detail.

What happened

Police stopped our client for a speeding offence. They then required a roadside drug test. The test was positive. As Joshua explains in the video, the drugs had been consumed the night before at a friend’s place. By the next day our client was driving again, without appreciating that a relevant drug can still show up on a police test long after the night before.

That is a common trap with drug driving in Queensland. The offence of driving with a relevant drug present does not require proof that you were impaired at the wheel. Presence alone can be enough. Sleep, a shower and feeling fine do not clear a saliva or blood result.

Our client needed a licence to get to work and do the job. Losing it altogether would have put employment, and the ability to meet living expenses, at real risk. That is why eligibility for a restricted work licence was checked early, and why the section 87 application was prepared before the sentence date.

Drug driving in Queensland: the law and penalties

Queensland’s main drug driving charges sit in section 79 of the Transport Operations (Road Use Management) Act 1995 (Qld) (TORUM Act). Two different pathways matter for sentencing and for work licences:

  • Driving under the influence of a drug — section 79(1). This is the more serious pathway. The maximum penalty for a first offence is 40 penalty units or 9 months’ imprisonment. Work licences are not available where the disqualification flows from a section 79(1) conviction (see section 87(5)(da)).
  • Driving while a relevant drug is present in blood or saliva — section 79(2AA). The maximum penalty for a first offence is 14 penalty units or 3 months’ imprisonment. This is the pathway that can still leave room for a section 87 work licence if the other eligibility rules are met.

According to the Queensland Government (TMR), for driving with a relevant drug present a magistrate may disqualify you for between 1 and 9 months, fine you up to $2,417, and impose up to 3 months’ imprisonment. TMR also says a positive roadside test triggers a 24-hour licence suspension. Under section 86(2)(f) of the TORUM Act, a first offence for an open-licence holder is generally disqualified for not less than 1 month and not more than 9 months; the court decides the period under section 86(2A).

Queensland Police roadside saliva testing looks for relevant drugs such as methylamphetamine, MDMA, THC and cocaine. There is zero tolerance for driving with a relevant drug present. Read more on our QLD drug driving offences and penalties page.

Note: TORUM amendments annotated as not yet commenced (reprint current as at 21 September 2026) are expected to change some drug-driving penalties from 1 December 2026. This post reflects the law checked on 5 November 2026.

The section 87 work licence application

A “work licence” in Queensland is a restricted licence ordered under section 87 of the TORUM Act. If the court convicts you of an eligible section 79 offence and you are to be disqualified, it may — on application — order that you be issued with a restricted licence during the disqualification, limited to circumstances directly connected with earning your livelihood.

The application has to be made at the proceedings in which you are convicted, and before the court orders the disqualification (section 87(2)–(3)). It is made on the approved form (TMR Form F3181). You cannot come back later and ask for one after you have already been sentenced and disqualified.

Before a court can grant the order, section 87(5)(a) requires you to satisfy it that:

  • you are a fit and proper person to hold a restricted licence, having regard to the safety of other road users and the public generally; and
  • refusal would cause extreme hardship to you or your family by depriving you of your means of earning a living.

If you are not self-employed, section 87(5A) says you must produce an employer affidavit confirming you would be deprived of your means of earning a living if the application is refused.

Other bars in section 87(5) include a recent licence suspension, cancellation or disqualification (with listed exceptions), a prior drink, drug or dangerous-driving style conviction within five years, committing the offence while already driving for work, and certain zero-alcohol licence situations for a section 79(2AA) charge. You generally need a Queensland provisional or open licence immediately before the disqualification.

In this matter, the eligibility check showed our client had not lost their licence in the previous five years, held an open Queensland driver licence, faced an eligible offence pathway, and had not been driving in the course of the job at the time. That opened the door to a section 87 application. See our guide to QLD DUI restricted work licences. Section 88 deals with later variation of conditions, not the original application.

How the matter was prepared

The material put together before the Beaudesert sentence date included:

  • Form F3181 and a section 87 application, lodged ahead of the hearing.
  • An employer affidavit, addressing what would happen to the job if our client could not drive, including the days and hours when driving was required for work.
  • An applicant affidavit, setting out income, living expenses and why losing the job would leave our client and their family in extreme financial hardship.
  • A completed Traffic Offenders Program, to show re-education on road safety. See our page on the QLD Traffic Offenders Program.
  • Letters of support from family and a work colleague.
  • Traffic history. A long driving history with limited traffic matters and no prior drink or drug driving offences, and no prior criminal record of the kind that would have barred the application on its face.

Joshua’s submissions also dealt with insight and remorse. A practical lesson he stressed is how long a relevant drug can remain detectable: even a small amount consumed the night before can still produce a positive police test the next day, and a positive laboratory result is powerful evidence on a presence charge. The preparation did not make the offence disappear. It gave the magistrate a complete picture of eligibility, hardship, character and the steps taken since the stop.

The outcome

As Joshua explains in the video, the court:

  • granted the section 87 work licence for a 2-month period
  • imposed a $300 fine
  • ordered that no conviction be recorded

That combination meant our client could keep driving for work on the restricted conditions during the disqualification, avoid a recorded conviction on their record, and move on with a clear obligation to stay away from illicit drugs.

The discretion not to record a conviction sits in section 12 of the Penalties and Sentences Act 1992 (Qld). The court must consider all the circumstances, including the nature of the offence, character and age, and the impact a conviction would have on economic or social wellbeing or employment. Not recording a conviction does not stop other orders flowing from the offence — here, the fine, the disqualification framework and the work licence order still applied.

This is one past result. Every case is different. The outcome turned on eligibility, the affidavits, the record, the charge pathway and the magistrate on the day. It should not be read as typical. Past results don’t predict the outcome of any other matter.

Practical lessons if you’re facing drug driving charges at Beaudesert Magistrates Court

  • The morning after still counts for drugs. A relevant drug can remain detectable for hours or days. Feeling fine to drive is not the same as a negative saliva test.
  • Charge pathway matters for work licences. A section 79(2AA) presence charge can leave room for a section 87 application. A section 79(1) under-the-influence drug charge does not.
  • Check eligibility early. Open licence, five-year history, not driving for work at the time, and the exact charge all need to be checked before you invest in affidavits.
  • Affidavits are not optional extras. Extreme hardship has to be proved. If you are employed, the employer affidavit is required by section 87(5A).
  • Apply before disqualification is ordered. A work licence application comes with the conviction proceedings, not as a later fix.
  • Think about the conviction question. Material about work and character can also inform the court’s section 12 discretion. See our page on no conviction outcomes in QLD.
  • Start the Traffic Offenders Program early. Certificates and references take time to organise before Beaudesert Magistrates Court.

Talk to a Beaudesert Drug Driving Lawyer

If you’ve been charged with drug driving or drink driving and your matter is listed at Beaudesert Magistrates Court, our Beaudesert DUI lawyers can help you prepare and can appear for you in person or by AVL. Our Beaudesert DUI lawyers page explains how we work at that court. We also appear on the Gold Coast — see our Gold Coast DUI lawyers page. For work licence eligibility generally, see QLD restricted work licences.

This case review is general information only, not legal advice for your situation. Every case is different, and past results don’t predict the outcome of any other matter.

Call 1300 941 900 or make an enquiry about legal representation at boormanlawyers.com.au.

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FAQs about this post

Can you get a work licence for drug driving in Queensland?

Sometimes. Under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld), a restricted (work) licence may be available after conviction for certain drink or drug driving offences. For drug driving, Legal Aid Queensland and the Act distinguish driving with a relevant drug present in blood or saliva (section 79(2AA)) from the more serious charge of driving under the influence of a drug (section 79(1)). A work licence is not available for a section 79(1) drug under-the-influence conviction. Other eligibility rules also apply, including holding an open Queensland licence and not having driven for work at the time of the offence. Get advice on your charge before you assume you are eligible.

What is a section 87 restricted work licence in QLD?

It is a court order under section 87 directing that you be issued with a restricted licence during your disqualification, limited to circumstances directly connected with earning your livelihood. You apply on Form F3181 and put the application to the magistrate after a finding of guilt and before disqualification is ordered. You must satisfy the court you are a fit and proper person and that refusal would cause extreme hardship by depriving you of your means of earning a living. If you are not self-employed, section 87(5A) requires an employer affidavit.

What are the penalties for driving with a relevant drug present in QLD?

For a first offence of driving with a relevant drug present, the Act sets a maximum of 14 penalty units or 3 months’ imprisonment (section 79(2AA)). The Queensland Government lists a fine of up to $2,417 and up to 3 months’ imprisonment. Disqualification for an open-licence first offence is generally between 1 and 9 months under section 86(2)(f), decided by the court. TMR also notes an immediate 24-hour suspension after a positive roadside test. Penalties and ranges can change; check current figures and get advice for your matter.

Can a Queensland court decide not to record a conviction for drug driving?

Yes. Under section 12 of the Penalties and Sentences Act 1992 (Qld), the court may record or not record a conviction. It must consider all the circumstances, including the nature of the offence, the person’s character and age, and the impact a conviction would have on their economic or social wellbeing or chances of finding employment. Not recording a conviction does not stop the court making other orders, including disqualification and a work licence order.

Do Beaudesert DUI lawyers appear in person at Beaudesert Magistrates Court?

Boorman Lawyers appears at Beaudesert Magistrates Court in person or by audio-visual link (AVL), depending on the listing and the court’s directions. We’ll tell you early what applies to your matter and whether you need to attend.

When should I speak to a Beaudesert Drug Driving Lawyer?

As early as possible after you are charged. A section 87 work licence application has to be ready before sentence, with affidavits, Form F3181 and supporting material lodged in time. Eligibility also needs checking against your licence type, record and the exact charge. Early advice helps you plan work, the Traffic Offenders Program and the conviction question before your court date.

Sources and date checked

Sources and references for this page, checked 5 Nov 2026 (Brisbane time).

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