DUI Work Licence QLD
In shortA Queensland court can order a restricted (work) licence under TORUM section 87 for an eligible driver convicted of a lower-level drink or drug driving offence. You must apply before you are sentenced, be fit and proper, and prove that refusal would cause extreme hardship by depriving you or your family of your means of earning a living.
- Timing: the application must be made at the sentencing hearing and before the court disqualifies you; after that it is too late (TORUM s 87(2)).
- Tests: fit and proper, and extreme hardship by losing your means of earning a living, with an employer affidavit if you are employed (s 87(5)(a), (5A)).
- Bars: under the influence or 0.15 or more, zero-limit drivers, a suspension or relevant conviction in the last 5 years, offences committed while working, and restricted-licence holders (s 87(5)).
Queensland law · law checked 21 Oct 2026
What's on this page
What is a DUI work licence in Queensland?
A work licence, formally a restricted licence, is a court order under section 87 of the Transport Operations (Road Use Management) Act 1995 (TORUM). It lets an eligible person who is being disqualified for a drink or drug driving offence keep driving, but only in limited circumstances directly connected with earning a living. It is not automatic, and the court can refuse even an eligible applicant.
If you rely on your licence to keep your job, run your business, attend job sites or drive a work vehicle, the difference between a restricted licence and no licence can be very significant.
The order must restrict your driving to circumstances directly connected with your means of earning a living (s 87(4)(a)). It can also restrict:
- the class of vehicle you can drive;
- the purposes for which you can drive; and
- the times or days you can drive (s 87(4)(b)).
Breaching a condition is an offence and can lead to further disqualification.
Why it matters
For many people, driving is the job. Tradespeople go to sites, sales representatives visit clients, contractors cover large regional areas without public transport, and shift workers start before public transport runs. Without a licence, they may lose their income. That loss of livelihood is at the centre of a s 87 application.
Many people assume "the magistrate will understand". That is not how it works. The court must apply the specific tests in the Act, with road safety as the first consideration. You must prove your case with evidence.
Which law covers restricted work licences?
Section 87 of TORUM. It sets out who can apply, when, what must be proved, and what the order can contain. Related provisions are s 79 (the offences), s 86 (disqualification) and s 91K (the interlock condition for middle range).
Queensland penalty changes in 2026: check your offence date (law checked 20 Oct 2026).
Offences on or after 31 August 2026: higher maximum fines apply. They are 20 penalty units ($3,454) for the general alcohol limit and no alcohol limit offences, 28 ($4,835.60) for the middle alcohol limit and 40 ($6,908) for driving under the influence of liquor or a drug. A first general alcohol limit conviction (0.05 to under 0.10) on an open licence now carries 2 to 9 months' disqualification. For offences before 31 August 2026 it was 1 to 9 months. Police can now give an eligible first low-range driver on an open Queensland licence an infringement notice of $1,295 instead of a court charge. Unless the driver elects to go to court, a 2-month disqualification follows. It counts as a conviction, and there is no work licence for that period. Drug driving (a relevant drug present) has not changed yet. The maximum is 14 penalty units ($2,417.80) or 3 months, with 1 to 9 months' disqualification on an open licence and 3 to 9 months for learner, P-plate and unlicensed drivers.
Offences on or after 1 December 2026: minimum fines start for drink and drug driving. For example, the minimum is 7.5 penalty units for low range and for drug driving. The drug driving maximum rises to 28 penalty units, and a first offence on an open licence carries 2 to 9 months' disqualification. A new offence of driving with a relevant drug present while over an alcohol limit adds 1 month to the disqualification range.
An offence committed before a change is generally dealt with under the penalties in force when it happened. Sources: TORUM ss 78E, 79, 79B, 79H–79J and 86, as amended by the Queensland Community Safety Act 2024 and the Transport and Other Legislation Amendment Act 2026. Penalty unit $172.70 from 1 July 2026.
Who is eligible to apply?
You must be convicted of an offence under s 79 or s 80(5A) and be disqualified as a result (s 87(1)). The court must not grant the application if any of these applies (s 87(5)):
- The offence. Driving under the influence, including 0.15 or more (s 79(1)), or a no-alcohol limit offence (s 79(2A), (2B), (2D), (2J), (2K) or (2L)).
- Zero-limit driver. You were a learner, P-plate, probationary, unlicensed or restricted licence driver, or driving a vehicle such as a truck, bus or taxi that requires a zero reading, even if your reading was over 0.05 (s 87(5)(db)). The same applies to a drug presence offence (s 87(5)(dc)).
- Your licence. You did not hold a Queensland provisional or open licence at the time of the offence and immediately before the disqualification (s 87(5)(e), (f)).
- Recent history. Your provisional or open licence was suspended or cancelled, or you were disqualified, within 5 years before the application, with some exceptions such as SPER suspensions, a 24-hour suspension and the s 79B suspension for the same middle range charge (s 87(5)(b), (5B)).
- Recent convictions. You were convicted of drink or drug driving, or dangerous driving under Criminal Code s 328A, within 5 years before this conviction (s 87(5)(c)).
- Working at the time. You committed the offence while engaged in an activity directly connected with earning your living, for example while driving a work vehicle on a job (s 87(5)(d)(i)).
- Already on a restricted licence when the offence was committed (s 87(5)(d)(iii)).
Failing to provide a specimen (s 80(11)) is not an offence covered by s 87(1), so a work licence is not available for it.
Low range infringement notices. If you accept a low range infringement notice and the 2-month administrative disqualification, there is no work licence for that disqualification. Electing to have the matter heard in court is the only path to a s 87 application.
What you must prove
If you are eligible, you must satisfy the court of two things (s 87(5)(a)):
- You are a fit and proper person to hold a restricted licence, having regard to the safety of other road users and the public.
- Refusal would cause extreme hardship to you or your family by depriving you of your means of earning a living.
Fit and proper
This does not mean perfect. The court considers your traffic and criminal history, the reading, the manner of driving, whether there was a crash or other aggravating features, and whether you can be trusted to follow strict conditions. Insight, remorse and steps you have taken, such as a traffic offenders program, are relevant.
Extreme hardship
The hardship must come from losing your means of earning a living. Inconvenience, extra cost or hardship to your social life is not enough. The court expects a clear, practical explanation, supported by evidence, of why you must drive to keep earning: for example, your employer will dismiss you, your business cannot operate, or you are the only income earner and no other job is reachable without driving.
If you are not self-employed, you must produce an affidavit from your employer confirming that you would be deprived of your means of earning a living if the application is refused (s 87(5A)).
Are work licences being abolished in Queensland?
In late 2017 there was public discussion about whether Queensland should scrap work licences for drink drivers. A proposal under consideration by the then Palaszczuk Government pointed out that most other Australian states do not offer an equivalent licence. As at 21 October 2026, the work licence still exists. It is available under s 87 of the Transport Operations (Road Use Management) Act 1995 to eligible drivers convicted in court, subject to the restrictions set out above.
What has changed is the low range infringement notice. Since 31 August 2026, an eligible first low range driver on an open Queensland licence may be given an infringement notice instead of a court charge. If you accept that notice, the 2-month disqualification that follows has no work licence option. Electing to go to court keeps the s 87 application available.
Practical points from past applications
- You get one opportunity. The application must be filed and heard before the magistrate convicts and disqualifies you. If it is not made in time, the chance is lost for that charge.
- The affidavit matters. It should set out your job, why driving is essential to it, the charge, your family situation, your income and your weekly expenses. Vague or late material is a common reason for refusal.
- Hardship means more than inconvenience. The magistrate needs to be satisfied that you, or your family, would suffer extreme hardship by losing your means of earning a living, not just a loss of income or added travel time.
- Your employer's evidence can help. A letter or affidavit from your employer, and in some cases the employer attending court, can show that driving is a genuine part of the job and that your position depends on it.
- The magistrate has a discretion. Even if you meet every requirement, the court can still refuse. Careful preparation of the evidence is what gives the application its strongest footing.
This section includes material from our December 2017 post "Work Licences in Queensland Coming to an End?", updated to current law on 21 October 2026.
The court process step by step
Step 1: Tell the court before sentence
An application can only be made at the proceedings where you are convicted and, where the court orders the disqualification, before it makes that order (s 87(2)). If you are sentenced before raising it, the opportunity is gone. Tell the court at your first appearance that you intend to apply.
Step 2: Adjournment to prepare
The court will usually adjourn the matter to a date when the application and the sentence can be dealt with together. That gives you time to prepare, file and serve your material.
Step 3: The application form
The application must be made in the approved form (s 87(2A)), available from the Magistrates Court registry or the Queensland Courts website. It must be completed accurately and filed.
Step 4: Your affidavit
Your affidavit is sworn evidence. It should cover:
- your job title, duties, hours and the places you drive to;
- your income, debts, rent or mortgage and dependants;
- why you need to drive rather than use public transport, rideshare, taxis or colleagues;
- what would happen to you and your family if you could not drive;
- your remorse and the steps you have taken since the offence; and
- why you are a fit and proper person to hold a restricted licence.
You may have to give evidence and be cross-examined (s 87(2A)). Exaggeration damages credibility and can have serious consequences.
Step 5: Your employer's affidavit
If you are employed, your employer's affidavit should confirm:
- that driving is an essential part of your duties;
- that there is no practical alternative;
- that you would lose your job without a licence; and
- that they support you continuing to work under a restricted licence.
Step 6: Filing and service
File the form and affidavits with the court and serve copies on police prosecutions in good time before the hearing. Courts and prosecutors expect enough notice to check your material; late service can lead to an adjournment or objection.
Step 7: The hearing
At the hearing, the magistrate considers your eligibility, your history, the reading or drug result, any aggravating features, your evidence of hardship, and any objection from the prosecution. If satisfied, the court makes the order with the disqualification. If not, the application is refused.
Conditions the magistrate can impose
| Condition | What it usually means |
|---|---|
| Purpose | Driving only for work purposes, not personal errands, social trips or school runs |
| Hours and days | Driving only at times that match your work |
| Vehicle | Only a particular class of vehicle, or a work vehicle |
| Logbook or copy of order | Keeping records or carrying the order when driving |
| Interlock (middle range) | A restricted licence for a middle range offence carries the interlock condition (s 87(4) note, s 91K) |
After the order, you must apply to TMR for the restricted licence and must not drive until it is issued (s 87(3A)).
How long does the restricted licence last?
The restricted licence lasts for the period of your disqualification. When a court makes a s 87 order, it usually sets the disqualification for longer than it otherwise would, because you are still driving for work. Expect this when you weigh up whether to apply.
Common reasons work licence applications fail
- The applicant was not eligible, for example because of a suspension or conviction in the previous 5 years.
- The application was raised too late, after the disqualification was ordered.
- The affidavits were vague about duties, hours and income.
- There was no employer affidavit for an employed applicant.
- The hardship described was inconvenience rather than loss of the means of earning a living.
Can you appeal if the application is refused?
Appeal options are limited. An appeal to a District Court judge against an order of a magistrate must be filed within 1 month (Justices Act 1886 s 222), and the grounds are narrow. In practice, treat the first application as your only opportunity, and prepare it properly.
Getting help with a work licence application
A s 87 application combines legal eligibility, evidence and persuasion. The court needs to be confident that you understand how serious the offence was, that you are unlikely to reoffend, that the public will not be put at risk, and that without the licence your livelihood will be lost. A lawyer can check eligibility, prepare the affidavits, deal with the prosecution and present the application. See also drink driving penalties in Queensland and drink driving offences in Queensland.
Call 1300 941 900 or make an enquiry about legal representation.
Video: how to get a DUI work licence in Queensland
This video from Boorman Lawyers TV walks through the work licence process. It was recorded before the 31 August 2026 penalty changes; the eligibility rules described on this page are current.
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“The best in the business 10/10”
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“Although I had a very good driving record and character references, a Section 10 can never be assumed. Josh Boorman worked with me to present a very strong case for my low range alcohol offence and I was acquitted with no fine, no suspension and no conviction. We spent a lot of time together writing and re-writing my references to get the wording perfect and also my explanation of how my offence came about. Josh has a lot of experience in this particular field and his thoroughness and presentation paid off successfully. A fixed fee agreed on before you start means you know exactly where you stand. Well done. Thanks again Josh.”
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“I have been extremely lucky to have Josh represent me in my court case. Josh is an exceptional lawyer, he is professional, patient, supportive, knowledgeable and a good listener. He was right beside me every step of the way, by providing valueble advice and comforting assurance whenever I needed it. It is these qualities that truly differentiate him from the rest. My case definitely wasn't the easiest by any means. However, with Josh's skillful preparation of material and submission to the magistrate, he managed to get a great outcome for me. I highly recommend Josh to anyone who needs the best legal representation, and I can assure you won't regret it. Thank you Josh once again for your service. I hope I don't ever need your service again (touch wood), but if I do, you're the man.”
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“To any of my mates looking for lawyer that actually cares, knows his stuff and puts in 100% Joshua is the man.. You won't regret going to Joshua and you will get the best out come!”
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“Thanks Joshua for the amazing outcome yesterday I'm still in a state of shock.. I would definitely recommend Boorman Lawyers to others. Can I just say Joshua is very professional in his approach in trying to achieve the desired outcome . Well prepared, briefed on the day & gave me confidence that I stood the best chance with Joshua representing me.”
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Jennifer Fernandes (opens full review in a new tab) - Facebook review by Dan Gannon.
“A professional person in their time of indiscretion, needs a professional representation. My expectations where exceeded, with my representation by Boorman Lawyers. Especially Mr Josh Boorman. You're advice and help far surpassed the goal. You're kindness, respectfulness, and Integrity, went the extra mile, and far exceeded my expectations. I would recommend Mr Josh Boorman. For any legal matter you may have. Sincerely, Dan Gannon .”
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FAQs: DUI work licences in Queensland
Can anyone charged with drink driving apply for a work licence?
No. You must meet the eligibility rules in s 87. Under the influence or 0.15 or more, zero-limit drivers, recent suspensions or convictions, and offences committed while working are all excluded.
Will I automatically get a work licence if I apply?
No. You must prove you are a fit and proper person and that refusal would cause extreme hardship by depriving you or your family of your means of earning a living.
Do I need to tell the court at my first mention?
Yes. The application must be made before the court disqualifies you. If you are sentenced first, it is too late.
Can I get a work licence for drug driving?
Possibly, for a relevant drug present offence on an open or provisional licence, if the other tests are met. Not for driving under the influence of a drug.
Does a work licence for middle range need an interlock?
Yes. A restricted licence for a middle range offence carries the interlock condition.
What happens if I drive outside the conditions?
It is an offence, and you can be disqualified for longer and charged again.
Do I really need a lawyer?
It is not compulsory, but a properly prepared application with clear affidavits and employer evidence matters.
Sources and date checked
The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.
- Transport Operations (Road Use Management) Act 1995 (Qld) – ss 79, 79H–79J, 86, 87, 91K (reprint current from 21 September 2026) — checked 21 Oct 2026
- Queensland Courts – Applying for a restricted (work) licence — checked 21 Oct 2026
- Justices Act 1886 (Qld) – s 222 — checked 21 Oct 2026
- Queensland Community Safety Act 2024 (Act No. 45), ss 93–104 – TORUM amendments commenced 31 August 2026 — checked 20 Oct 2026
- Transport and Other Legislation Amendment Act 2026 (Act No. 23) – assent 21 September 2026; pt 10 div 3 commences 1 December 2026 — checked 20 Oct 2026
- TORUM legislative history (commencement of amending Acts) — checked 20 Oct 2026
This page is general information about Queensland law only. It is not legal advice. Every matter turns on its own facts.
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