If you have been disqualified from driving after a drink driving conviction, you may be able to get a limited licence — but several statutory barriers can prevent it. This guide walks through the eligibility requirements specific to drink driving disqualifications and the practical steps to apply.
First question: are you eligible?
Not all drink driving disqualifications allow a limited licence. You need to check three things:
1. Was your reading below the interlock threshold?
The mandatory alcohol interlock sentence under s65AC applies if:
- Breath reading was 800 mcg/L or above, or
- Blood reading was 160 mg/100mL or above
If either threshold is met, the interlock bar under s103(2)(e) prevents a limited licence. See our interlock guide for full details.
2. Do you have a prior alcohol or drug conviction within 5 years?
If yes, two bars may apply:
- Repeat offence bar (s103(2)(d)) — two qualifying offences within 5 years
- Interlock bar (s103(2)(e)) — prior conviction within 5 years triggers the interlock sentence under s65AB(1)(a)
Either bar alone prevents a limited licence. See our repeat offending guide.
3. Are you subject to any other bar?
Check for:
- Indefinite disqualification (s103(2)(a))
- Currently on interlock or zero alcohol licence (s103(2A))
- Charged with driving while disqualified (s103(2)(c))
- Driver licence stop order
If you are eligible: the pathway
Step 1: Wait through the stand-down
After the court imposes the disqualification, there is a mandatory 28-day stand-down. Use this time to prepare your application.
Step 2: Gather your evidence
For drink driving disqualifications, the evidence package is the same as for any limited licence:
- Sworn affidavit detailing hardship
- Sworn employer affidavit confirming driving is essential to your role
- Transport alternatives research
- Boundary map
- Any additional supporting documents
See our hardship test and supporting documents guides.
Step 3: File and serve
File the application with the District Court and serve a copy on the police prosecutor.
Step 4: Attend the hearing
Present your case at the court hearing. Be prepared for the prosecutor to review the circumstances of the offence.
Special considerations for drink driving cases
Police scrutiny
Drink driving limited licence applications may receive more scrutiny from the police prosecutor than demerit point applications. The prosecutor is more likely to:
- Review the offence circumstances closely
- Consider the blood/breath reading level
- Assess whether conditions adequately protect public safety
- Seek a zero alcohol condition on the limited licence
Zero alcohol condition
The court will almost certainly impose a zero alcohol condition on a limited licence granted after a drink driving disqualification. This means no detectable breath or blood alcohol while driving — not the normal adult limit.
Conditions may be narrower
Courts may impose tighter conditions for drink driving cases than for demerit point cases — shorter hours, smaller driving area, or additional restrictions.
About defending the drink driving charge
This guide covers the limited licence pathway after a drink driving disqualification. It does not cover defending the underlying charge. For information about drink driving defences, sentencing, and the charge process, visit our sister site.