Drink Driving and Work Licences in NSW: Can You Still Drive for Your Job?

For many Australians, driving is more than just getting from A to B—it’s a livelihood. Tradespeople, delivery drivers, truckies, Uber and taxi drivers, sales reps, and even professionals who travel regularly for work all depend on their licence.

So when someone is charged with drink driving in NSW, one of the first concerns is: “Can I still drive for work?” or “Is there such a thing as a work licence in Sydney?”

In this guide, Ly Lawyers explore the impact of drink driving charges on professional drivers, explains why NSW does not allow work licences (unlike Queensland), and looks at the options you may have if your job depends on driving.

What Is a “Work Licence”?

A “work licence” is a type of restricted licence that allows people convicted of drink driving to continue driving for employment purposes only.

• Queensland has a formal work licence scheme (also called a restricted licence). Eligible drivers can continue driving, but only during work hours and for specific routes or purposes.
• NSW, however, does not have any work licence system. If you are convicted and your licence is suspended or disqualified, you cannot legally drive at all—not even for work.

This difference often surprises people who assume the rules are the same nationwide.

Does NSW Allow a Work Licence for Drink Driving?

The short and clear answer: No, NSW does not allow a work licence.

• If your licence is suspended by police (on the spot) or disqualified by a court, you cannot drive under any circumstances.
• There is no restricted licence, conditional licence, or “hardship licence” in NSW for drink driving offences.
• Driving while disqualified is a separate criminal offence, carrying harsher penalties such as higher fines, longer disqualification periods, and even potential imprisonment.

This makes the consequences of a drink driving conviction particularly harsh for people whose employment relies on their ability to drive.

Drink Driving Penalties in NSW

To understand why the impact is so significant, here’s a breakdown of penalties under the Road Transport Act 2013 (NSW) (only for reference):

1. Low-Range PCA (0.05 to 0.079 BAC)

• On-the-spot suspension for 3 months (police can issue).
• Court penalties: up to $2,200 fine and 6 months disqualification.

2. Mid-Range PCA (0.08 to 0.149 BAC)

• Automatic suspension.
• Court penalties: up to $2,200 fine, up to 9 months licence disqualification, and possible imprisonment (up to 9 months).

3. High-Range PCA (0.15 BAC or more)

• Severe penalties, including up to $3,300 fine, licence disqualification of at least 12 months, and up to 18 months imprisonment.

4. Novice and Special-Range PCA (L- and P-plate drivers, professional drivers with zero limit)

• Zero tolerance applies, meaning even small amounts of alcohol can trigger a charge.
• Penalties include automatic disqualification and heavy fines.

Important: Even a first offence carries mandatory licence loss, which for a professional driver could mean immediate unemployment.

The Impact of Drink Driving on Jobs in Sydney and NSW

The drink driving impact on job Sydney and across NSW can be devastating:

Tradespeople (Tradies)

• Many tradies rely on a ute or van to carry tools and equipment.
• Without a licence, getting to worksites becomes impossible, and employment is at risk.

Truck Drivers and Heavy Vehicle Operators

• Heavy vehicle licences require a clean driving record.
• Employers often have zero tolerance for licence suspensions—meaning termination is likely.

Uber, Taxi and Rideshare Drivers

• Platforms like Uber, Ola, and DiDi require a valid licence at all times.
• Even a short suspension can result in deactivation and loss of income.

Delivery and Courier Drivers

• Whether working for major services like Australia Post, Amazon, or local couriers, a licence suspension usually means you cannot work.

Corporate and Sales Professionals

• Many sales reps and corporate staff drive long distances to meet clients. Losing a licence may make the role unworkable.

Reputational Consequences

• Beyond practical impacts, a conviction for drink driving may harm professional reputation and future employability, especially in regulated industries (e.g. aviation, mining, government).

What Options Do NSW Drivers Have?

Since NSW does not allow a work licence, drivers must consider other legal options:

1. Defend the Charge

If there are flaws in how police handled your matter (e.g. incorrect procedure, faulty equipment, medical explanations), you may be able to beat the charge in court.

2. Section 10 Dismissal / Conditional Release Order

• Courts can deal with drink driving matters under Section 10 of the Crimes (Sentencing Procedure) Act 1999.
• This means no conviction, no licence disqualification, and no fine.
• Factors considered include:
  • First-time offence
  • Low-range reading
  • Good character references
  • Evidence of employment hardship
• For professional drivers, a Section 10 outcome may be the only way to keep a licence.

3. Minimum Disqualification Periods

If the court must record a conviction, your lawyer can argue for the minimum disqualification period—allowing you to get back to driving as soon as legally possible.

4. Workplace Adjustments

Some employers may offer temporary reassignment to non-driving duties until the disqualification ends, but this is not always possible.

Why Professional Legal Advice Matters

Because NSW doesn’t provide work licences, professional legal advice is essential. A lawyer can:

• Analyse the circumstances of your arrest and testing.
• Prepare evidence to show employment hardship.
• Argue for a Section 10 or the minimum possible penalty.
• Help you avoid the severe consequences of licence loss.

At LY Lawyers, we’ve successfully represented thousands of clients facing drink driving charges, including tradespeople, truckies, and rideshare drivers who risked losing their careers.

FAQs (Frequently Asked Questions)

1. Will drink driving affect my future job applications?

Yes. A drink driving conviction goes on your criminal record and can show up on police checks. This can impact jobs that require driving, roles in government, or industries with strict licensing requirements. Even if driving isn’t part of the job, some employers see it as a sign of poor judgment.

2. How long will I lose my licence for?

It depends on your blood alcohol level, whether it’s a first or repeat offence, and whether police or a court imposes the penalty. For example, low-range offences usually mean a 3–6 month suspension, while high-range can be 12 months or more. Courts can sometimes reduce disqualification to the legal minimum, especially with strong legal arguments.

3. What if I drive while suspended for drink driving?

Driving while suspended or disqualified is a separate offence with serious penalties. You risk heavy fines, longer disqualification periods, and even jail. Courts treat it as showing disregard for the law, so it can seriously damage your chances of future employment as a driver.

4. How can a lawyer help me keep my job?

A lawyer can explore defences, argue for a Section 10 dismissal, or push for the minimum disqualification period. They can also present evidence of your good character and the hardship losing your licence would cause. In many cases, this makes the difference between keeping and losing your livelihood.

Conclusion

A drink driving charge in NSW can be life-changing, especially for those who rely on their licence for work. Unlike Queensland, there is no work licence option in NSW, meaning drivers must explore other legal avenues such as Section 10 dismissals or defences.

If your job, income, and reputation are at risk, seeking legal help immediately is essential.

At LY Lawyers, we specialise in defending drink driving charges across Sydney and NSW. We understand the stakes and will fight to protect your livelihood.

👉 Contact LY Lawyers today for an initial free consultation.