If you need to apply for a work licence will you need to install an interlock? and what happens if you need a work licence but cannot install an interlock?
What is a work licence?
In Queensland, a work licence allows you to drive for work purposes even if you’ve been charged with an offence of drink driving or drug driving. This licence may be requested if your job requires regular driving, or if it’s a necessary condition of your employment, and not having a licence risks your job, potentially leading to financial hardships.
Eligibility for a work licence is determined based on several factors:
- You must hold a current Queensland open driver licence at the time of applying for a work licence.
- You need to have held a Queensland open driver licence at the time of the offence.
- At the time of the offence, you cannot have been driving for your employment or work purposes.
- You can’t have been convicted of any drink or drug driving offence, anywhere, or failed to provide blood or breath sample in the last five years.
- You can’t have been disqualified from holding a licence, had your licence disqualified, suspended or cancelled in Queensland in the last five years.
- You can’t have been convicted of dangerous driving in Queensland in the last five years.
- Your blood alcohol concentration level must have been recorded to be below 0.15%.
- At the time of offence, you should not have been driving under a licence that required your blood alcohol concentration to be zero.
Your work licence may have certain restrictions imposed, such as the time and purpose of driving, the type of vehicle that you can drive, the carrying of passengers while driving, and the period that the work licence is issued for.
Applications for work licences should be made to the Magistrates Court that is to hear the drink or drug driving offence. This application needs to be made before a plea of guilty is made.
What is an interlock?
An interlock device in Queensland is a device connected to a vehicle’s ignition. To start the vehicle, the driver must provide a breath sample. The vehicle only starts if no alcohol is detected. A random breath sample may be requested during a journey. The interlock records data including all breath samples (including when the vehicle doesn’t start), when the vehicle is used, and interlock service information.
The Alcohol Ignition Interlock Program applies to drivers who are convicted of high-range or mid-range drink driving offences. You need to participate in the interlock program if you are convicted of any of the following offences:
- Drive, or attempt to put in motion or be in charge of a vehicle under the influence of alcohol
- Drive, or attempt to put in motion or be in charge of a vehicle with a blood/breath alcohol concentration of 0.15 or more, or 0.10 or more (offences committed on or after 10 September 2021)
- Failing to provide a blood/breath specimen for analysis
- Dangerous driving while affected by alcohol
- Two or more low drink driving offences within the past five years.
You need to have an interlock device installed in the vehicle you drive during your time in the interlock program. If you are required to drive multiple vehicles for work or other purposes, each vehicle must be fitted with the interlock device.
It is an offence to drive a motor vehicle that is not fitted with an interlock where the driver is subject to an interlock condition.
How does an interlock work?
An alcohol ignition interlock device operates in the following way:
If your offence was low range then no you don’t need to install an interlock.
If your offence was mid-range drink driving then yes you must install an interlock before you can start driving under a work licence.
What if I can’t install an interlock under a work licence?
If it is not possible to install an interlock on each vehicle that you need to drive under a work licence then you should seriously consider not applying for a work licence.
If you are a mid range drink driver and apply for a work licence but cannot install the interlock then you will not be able to drive under the work licence. Worse is that if you cannot get an interlock installed but applied for work licence then the court likely gave you a longer disqualification then if you had not applied for a work licence.
How do I decide whether to apply for a work licence or not?
Trying to decide whether to apply for a work licence or not, if your offence was mid range drink driving, can be hard. You really need to look at the following:
- Work out what vehicles you would need to drive under a work licence.
- Speak to your employer about whether they would be willing to install an interlock in those vehicles (don’t forget you need to install an interlock in all vehicles you drive including the vehicle you drive to and from work even if that vehicle is owned by you).
- Speak to an experienced traffic lawyer to find out if you can apply for a work licence. Also find out from your lawyer how long your disqualification would be with and without a work licence.
- Make a decision whether to apply for a work licence.
Can I get an interlock exemption?
There are only very limited grounds to seek an exemption from the requirements to install an interlock. The exemptions are:
- Use our contact form and we will contact you by email or phone at a time that suits you
- Call us on 1300 952 255 seven days a week, 7am to 7pm
- Click here to select a time for us to have a free 15 minute telephone conference with you
- Email steven@claritylaw.com.au
- Send us a message on Facebook Messenger
- Click the help button to the right and leave us a message
We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.
You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.
Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Work licence lawyers page.