Can I get a work licence in Victoria?

The short answer is no.

If your licence is suspended or cancelled because of a drink driving offence, drug driving offence or another traffic offence, the Magistrates’ Court cannot grant you a licence simply because you need it for work.

Many people are surprised to learn this. It is common for clients to tell us:

• “I’ll lose my job if I can’t drive.”

• “I’m a tradie.”

• “I’m self-employed.”

• “I drive for work every day.”

• “I’m the only person who can take my children to school.”

While these circumstances are important when preparing your case, they do not allow a court to avoid a mandatory licence loss.

Does losing my job matter?

Yes, but only to a point.

Evidence that you will lose your employment can still be relevant when the Court is deciding:

• the appropriate sentence;

• whether to record a conviction (where available);

• whether imprisonment is necessary;

• whether another sentencing option is appropriate.

However, employment hardship cannot override mandatory licence laws.

Are there any alternatives?

Depending on your circumstances, you may be able to:

• challenge the drink driving allegation if there is a legal defence;

• negotiate with the prosecution where appropriate;

• minimise the overall sentence through careful preparation;

• become eligible for relicensing sooner by complying with all legal requirements; or

• obtain alternative transport arrangements until you are eligible to drive again.

For some drivers, an early review of the evidence identifies issues that may significantly change the outcome of the case.

What if I drive anyway?

Driving while suspended, cancelled or disqualified is a separate criminal offence.

The penalties can include:

• significant fines;

• further periods of licence disqualification;

• vehicle impoundment in some circumstances; and

• imprisonment for serious or repeat offending.

Driving because you need to get to work is not a defence.

Should I speak to a lawyer?

If you are facing a drink driving charge, it is important to obtain legal advice before your first court date.

While a lawyer cannot obtain a “work licence”, they can advise whether:

• the licence loss is mandatory;

• there is any discretion available to the Court;

• the police procedure was lawful;

• there is a defence to the charge; and

• there are steps that can improve the overall outcome.

Many people assume they will inevitably lose their licence for a particular period. In some cases that is correct. In others, the available sentencing options or the strength of the prosecution case may be different from what they expect.

Need advice about losing your licence?

If you’ve been charged with drink driving or another traffic offence in Victoria, obtaining legal advice early can make a significant difference. At Wilkinson Lawyers, we provide clear advice about your likely licence consequences, explain whether the Court has any discretion, and work to achieve the best possible outcome based on the facts of your case.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.