News · Criminal law explainer
Can you get a work licence after drink driving in NSW?
People facing a drink-driving charge in New South Wales often ask about a work licence, having heard they exist elsewhere. The hard truth is that New South Wales does not have one. This note explains why there is no work licence here, what a disqualification really means, and the options that do exist to keep driving.
By Aaron Kernaghan · Published 3 September 2026
No. Unlike some other states, NSW does not have a work licence or restricted licence for disqualified drivers. If you are disqualified, you cannot drive at all during the disqualification, not even to and from work. The best way to protect the ability to drive is to avoid or reduce the disqualification in the first place, or to qualify for the mandatory alcohol interlock program where it applies.
Does NSW have a work licence?
No. New South Wales does not have a work licence, a restricted licence, or any similar arrangement that lets a disqualified driver drive for work or other necessary purposes. This is different from some other states and territories, which do have limited work-licence schemes.
So if you are disqualified in New South Wales, the disqualification is complete. There is no separate licence that lets you drive to your job while disqualified.
What does a disqualification mean?
A disqualification means you are not permitted to drive at all for the period set. Driving during a disqualification is a serious offence, driving while disqualified, which carries its own penalties and can lead to a further, longer disqualification and even imprisonment for repeat offending.
The disqualification applies to all driving, including to and from work, taking children to school, or any other purpose. There is no exception for necessity.
The interlock alternative
For many drink-driving offences, the mandatory alcohol interlock program is the closest thing to keeping your licence. After a shorter disqualification, you can drive on an interlock licence, using a device fitted to your car that requires a zero reading to start it. This lets you drive again sooner than a straight disqualification.
So while there is no work licence, the interlock program can reduce the time you are off the road entirely, for the offences it applies to.
How to protect your ability to drive
Because there is no work licence, the way to protect driving is at the sentence itself. That can mean arguing for a section 10 where the facts allow, which avoids a conviction and disqualification, or arguing for the shortest disqualification the court can impose.
The court has some discretion on the length of disqualification within the minimum and automatic periods. Good material about your need to drive and your circumstances can make a real difference.
What if you are already disqualified?
If you are already disqualified, you cannot drive, and you should not, because a further offence makes everything worse. What you may be able to do, after an offence-free period, is apply to remove the disqualification early under the Road Transport Act.
So the position is not always permanent. Our note on removing a disqualification explains the offence-free periods that can allow an early application.
Frequently asked.
Can I get a work licence for drink driving in NSW?
No. New South Wales does not have a work licence or restricted licence for disqualified drivers. If you are disqualified you cannot drive at all during the disqualification.
Can I drive to work if I am disqualified?
No. A disqualification applies to all driving, including to and from work. Driving while disqualified is a serious offence with its own penalties.
Is there any way to keep driving after drink driving?
For many offences, the mandatory alcohol interlock program lets you drive on an interlock licence after a shorter disqualification, using a device that requires a zero reading to start the car.
How can I protect my licence?
At sentence, by arguing for a section 10 where the facts allow, which avoids a conviction and disqualification, or for the shortest disqualification the court can impose. Good material about your circumstances helps.
Can a disqualification be removed early?
Sometimes. After an offence-free period you may be able to apply to the Local Court to remove a disqualification early under the Road Transport Act 2013 (NSW).
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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