If you have been disqualified from driving after a drug driving conviction, you may be eligible for a limited licence — but only if it is your first offence or your prior offence falls outside the five-year window. A second drug driving conviction within five years creates an absolute bar under section 103(2)(d).
Drug driving offence types
Drug driving offences under the Land Transport Act include:
- Criminal drug driving — driving with blood containing evidence of a controlled drug (s57AA), prosecuted as a criminal offence
- Drug driving infringement — lower-level drug driving offences dealt with by infringement notice
- Combined alcohol and drug — driving with both alcohol and drugs in the system
All of these are qualifying offences under the repeat offence bar (s103(2)(d)).
When you CAN apply for a limited licence
You are eligible to apply if:
- It is your first drug driving offence, or
- Your prior drug driving (or other qualifying) offence is outside the five-year window (more than 1,826 days ago)
If eligible, the standard process applies:
- Wait 28 days (the stand-down period under s103(4))
- File the application with the District Court
- Serve on the police prosecutor
- Demonstrate hardship under s105
When you CANNOT apply
You cannot apply for a limited licence if:
Prior drug driving within 5 years
A prior conviction for a drug driving offence within the five-year window triggers the absolute bar under s103(2)(d)(ii). This includes prior convictions for any alcohol or drug driving offence — not just drug driving specifically.
Combined alcohol and drug with high reading
If the offence involves both alcohol and drugs, and the alcohol reading is 800 mcg/L breath or 160 mg/100mL blood or above, the interlock bar under s103(2)(e) will also apply.
Cross-category prior offences
The repeat offence bar checks across categories. If you have a prior conviction within 5 years for:
- Any alcohol driving offence
- Reckless or dangerous driving
- Driving while disqualified
...combined with a current drug driving offence, the bar applies.
The five-year window
The five-year period is calculated as 1,826 days between offence dates. If your prior offence date is more than 1,826 days before the current offence date, the repeat offence bar does not apply.
| Scenario | Prior offence date | Current offence date | Gap | Eligible? |
|---|---|---|---|---|
| Within window | 1 March 2022 | 15 January 2027 | 1,781 days | No |
| Outside window | 1 January 2020 | 15 March 2026 | 2,265 days | Yes |
What about defence?
This guide covers limited licence eligibility from the applicant's perspective. If you need information about defending a drug driving charge, sentencing options, or the evidential requirements for drug driving prosecutions, visit our sister site.