You're a tradie. You rely on your licence every single day — to get to job sites, pick up materials from Bunnings or the supplier, tow a trailer, drive a work ute between jobs. Then one morning you get pulled over on the way to a job and blow over the limit from the night before. Suddenly your entire livelihood is on the line.
This is one of the most common situations we see at our firm. Tradespeople across Queensland — sparkies, chippies, plumbers, concreters, painters, fencing contractors, landscapers — make up a significant portion of our drink driving clients. The reason is simple: tradies often rely heavily on driving for work, and the consequences of losing a licence hit harder and faster than almost any other job.
Here is the key thing every tradie needs to know: in Queensland there is a mandatory period of licence disqualification for every drink driving conviction. The court cannot avoid disqualifying your licence no matter how much you need it for work. The only option that may allow you to keep driving for work is a work licence — and not everyone qualifies.
This article explains what a drink driving charge means for tradespeople in Queensland, what the mandatory disqualification periods are, whether you can get a work licence to keep working, and what interlocks mean for you when you get your licence back.
How Tradies End Up Charged with Drink Driving
Most of our tradie clients are not people who got behind the wheel after a big night out. The most common scenario we see is being caught the morning after.
You finish work on a Friday, have a few beers at the pub or at a mate's place, get home, sleep, and then drive to a job site at 6am Saturday morning thinking you're fine. But you're not. Alcohol leaves the body at an average rate of roughly 0.015 per hour. If you stopped drinking at midnight with a blood alcohol concentration (BAC) of 0.10, you might still be over 0.05 at 6:30am.
There is no shortcut. Coffee, a cold shower, a big breakfast — none of these speed up the process. The only thing that removes alcohol from your system is time.
Other common scenarios we see with tradies include after-work drinks that run longer than planned, driving to grab supplies after a few beers at a barbecue, or driving a work vehicle home from a function.
What Are the Drink Driving Levels in Queensland?
Queensland has four levels of drink driving. The higher the BAC reading, the more serious the charge and the harsher the mandatory penalties.
Low range: BAC of 0.050 to 0.099 — this is the most common level for morning-after charges.
Mid range: BAC of 0.100 to 0.149 — this carries an immediate licence suspension by police until your court date.
High range (DUI): BAC of 0.150 or above — this is the most serious drink driving charge. Immediate suspension and you cannot apply for a work licence.
Zero limit offences: If you hold a provisional or learner licence, or drive a heavy vehicle or taxi for work, you have a zero alcohol limit. Any alcohol at all will result in a charge.
The governing legislation is the Transport Operations (Road Use Management) Act 1995, with the offence provisions in section 79 and penalty provisions in section 86.
Mandatory Disqualification Periods — There Is No Way Around This
This is the part that hits tradies hardest. In Queensland, if you plead guilty to drink driving, the court must disqualify your licence. This is mandatory — the magistrate has no discretion to let you off without a disqualification period, regardless of how badly you need your licence for work.
The minimum and maximum disqualification periods depend on your BAC reading and whether you have any prior drink driving convictions in the last five years.
First offence minimum disqualification periods:
For a low range reading (0.050 to 0.099) with no prior offences, the minimum disqualification is 1 month. For a mid range reading (0.100 to 0.149), the minimum is 3 months. For a high range reading (0.150 and above), the minimum is 6 months.
If you have a prior drink driving conviction within the last 5 years, these minimums increase significantly. A second low range offence carries a minimum 3-month disqualification. A second mid range offence carries a minimum 6-month disqualification. A second high range offence carries a minimum 9-month disqualification.
The actual disqualification period a magistrate imposes depends on many factors including your reading, your traffic and criminal history, whether an accident occurred, and your personal circumstances. Having an experienced traffic lawyer make proper submissions to the court often results in a significantly shorter disqualification period than going it alone.
What this means for tradies in practical terms: even a best-case-scenario first offence low range reading means at least one month off the road. If you cannot get a work licence, that means at least one month unable to drive to work, unable to pick up materials, unable to tow a trailer between jobs. For sole traders and subcontractors, this can mean a month with zero income.
Work Licences — Can You Keep Driving for Work?
A work licence (also called a restricted licence or section 87 licence) allows you to continue driving for work purposes during your disqualification period. For tradies, this is often the most critical question after a drink driving charge.
You may be eligible to apply for a work licence if all of the following are true:
You held a current Queensland open licence at the time of the offence. Your BAC reading was below 0.150 (that is, low range or mid range only). You were not driving for work at the time you were caught. You have not had a drink driving conviction, licence suspension, or disqualification in the last five years. You have not previously been granted a work licence in the last five years.
You cannot get a work licence if:
Your reading was 0.150 or above (high range / DUI). You held a provisional or learner licence. You were driving a vehicle subject to the zero alcohol limit for work (heavy vehicle, taxi). You refused or failed to provide a breath or blood sample. You have a prior drink driving conviction or suspension within the last five years.
The Tradie-Specific Work Licence Trap
There is an important eligibility rule that catches many tradies off guard: you cannot apply for a work licence if you were driving for work at the time you were charged.
However, there are exceptions. If driving is not the primary component of your job — for example, you are a labourer who drives to a work site, or a fencing contractor who picks up materials to use on site — you may still be eligible. The distinction is between someone whose job is driving (delivery driver, courier, truck driver) versus someone who drives to and for their job (electrician, plumber, carpenter). Most tradies fall into the second category and can still apply.
What a Work Licence Application Requires
A work licence application is not a simple form. You must provide the court with:
A sworn affidavit from yourself covering your personal circumstances, your work duties and the driving they require, your financial situation, and why losing your licence will cause extreme hardship by depriving you of your means of earning a living.
A sworn affidavit from your employer (if you are not self-employed) confirming your role, the driving required, and that you will lose your job without a licence.
An application form (Form F3181) filed with the court and served on the police prosecution unit before your court date.
The affidavits must be in the correct format, contain all the necessary information, and be properly witnessed. One of the main reasons work licence applications are refused by magistrates is that the affidavits are incomplete or badly prepared. This is an area where having a lawyer prepare them properly is critical.
If the court grants a work licence, the magistrate may also increase the disqualification period — potentially up to double what it would have been without the work licence. Skilled legal submissions can significantly reduce this uplift.
Self-Employed Tradies
If you are a sole trader or run your own business, you still need to demonstrate to the court that losing your licence will cause extreme hardship. You will need to show your business structure, income, expenses, and explain in detail what driving is required for your work. Sole traders do not need an employer affidavit but the personal affidavit needs to be especially thorough.
Alcohol Interlocks — What Happens When You Get Your Licence Back
Once your disqualification period ends, you may need to have an alcohol interlock device fitted to your vehicle before you can drive again. An interlock is a breathalyser wired into your ignition — you must blow into it and return a zero reading before the vehicle will start.
You will be required to have an interlock fitted for 12 months if any of the following apply:
Your reading was mid range (0.100 to 0.149) or high range (0.150 and above). This is your second or subsequent drink driving conviction within 5 years.
The interlock requirement is a Queensland Transport licensing condition, not a court order. The court has no discretion to exempt you from it.
What Interlocks Mean for Tradies
For tradies, the interlock creates practical complications. The device must be fitted to any vehicle you drive. If you drive a work ute or company vehicle, the interlock needs to go in that vehicle. If you share a work vehicle with colleagues, this becomes a logistical issue you need to discuss with your employer.
The interlock also requires regular servicing appointments. You need to take the vehicle to an approved interlock provider at set intervals during the 12-month period.
Exemptions from the interlock are very limited. You can only apply for an exemption if you live in a remote location, live on an island, have a medical condition preventing you from providing a breath sample, or your family would experience severe hardship. Importantly, you cannot get an exemption for employment, financial, or practical reasons. The fact that fitting an interlock to a work vehicle is inconvenient is not grounds for an exemption.
For more detail on interlock exemptions, see our article on exemptions to installing an interlock in Queensland.
After Your Disqualification Ends
Your licence does not automatically come back when the disqualification period finishes. You must attend Queensland Transport in person and reapply for your licence. You cannot simply start driving the day after your disqualification ends.
Once you get your licence back, you will be on a probationary licence for one year. This means you will have a zero alcohol limit for 12 months and only 4 demerit points available.
If this is your first drink driving offence, you will need to complete a short online course before getting your licence back. If you have two or more drink driving offences after 10 September 2021, the course is longer and must be completed in person.
What You Can Do Right Now to Help Your Case
If you have been charged with drink driving and you are a tradie who needs their licence, here is what you should do immediately:
Get legal advice as soon as possible. Things can be done before court that will reduce the penalty and strengthen a work licence application. The earlier you engage a lawyer, the better your preparation will be.
Complete a traffic offender program. The Queensland Traffic Offenders Program (QTOP) is recognised by the courts and demonstrates to the magistrate that you are taking the charge seriously. Completing it before your court date can result in a reduced penalty.
Gather your work documentation. Start pulling together your employment contract, pay slips, details of driving required for work, and any information about how losing your licence will affect your income. This material feeds directly into the work licence affidavit.
Obtain character references. References from employers, colleagues, family and community members help demonstrate to the magistrate that you are a fit and proper person to be granted a work licence.
Do not drive if your licence has been suspended. If your reading was mid range or above, your licence is immediately suspended until your court date. Driving while suspended is a separate and extremely serious charge carrying a minimum 2-year disqualification — and you cannot get a work licence for it.
Frequently Asked Questions
I'm a tradie and I blew low range — will I definitely lose my licence?
Yes. In Queensland, a period of disqualification is mandatory for all drink driving convictions. Even a first-time low range offence carries a minimum 1-month disqualification. However, if you are eligible, a work licence may allow you to keep driving for work purposes during that period.
I'm a subcontractor — can I still get a work licence?
Yes. Work licences are available to both employed and self-employed people. As a subcontractor, you will need to provide a thorough affidavit explaining your business, the driving required, and the financial impact of losing your licence. You do not need an employer affidavit, but your own affidavit needs to be especially detailed.
I drive a company vehicle — what happens with the interlock?
If you are required to have an interlock fitted, it must be installed in any vehicle you drive. You will need to discuss this with your employer. The interlock is a Queensland Transport licensing condition and cannot be avoided for employment reasons.
Can I get a work licence for a high range reading?
No. If your BAC was 0.150 or above, you cannot apply for a work licence in Queensland. This is one of the most devastating consequences for tradies — a high range reading means you will be off the road entirely for your full disqualification period with no ability to drive for work.
I got caught on the way to a job site at 6am — was I driving for work?
This depends on the specific circumstances. Driving to a job site is generally considered commuting, not driving for work in the legal sense. The restriction on work licence eligibility applies to people whose job is primarily driving — like truck drivers or couriers — not tradespeople who happen to be travelling to a work site. Your lawyer can advise on your specific situation.
How much does a drink driving lawyer cost?
At Driving Law, we charge a fixed fee quoted upfront. For a first-time drink driving guilty plea the fee is $2,500. A work licence application (which includes the guilty plea) is $2,850. See our full pricing page for details.
Talk to Us
If you are a tradie charged with drink driving in Queensland, the most important thing you can do is get advice before your court date. We handle drink driving matters in every court in South East Queensland — from Southport to Hervey Bay, Brisbane to Ipswich, Caboolture to Maroochydore, and every court in between.
Since 2010 we have helped thousands of Queenslanders through drink driving charges. We handle everything — we'll prepare your work licence affidavits, represent you in court, and make the submissions that give you the best chance of keeping your livelihood.
Call us on 1300 952 255 — 7am to 7pm, 7 days a week. Or request a free callback and we will get back to you at a time that suits. You can also book a free 15-minute phone conference directly.
This article is general information only and not legal advice. It is written subject to our disclaimer. Liability limited by a scheme approved under professional standards legislation.
