Driving on a Suspended License Is a Criminal Offense in Tennessee

Yes. Driving on a suspended license in Tennessee is a misdemeanor, and the charge carries jail time, fines, and a mandatory license suspension extension. The offense is codified under Tennessee Code Annotated § 55-7-116, which makes it illegal to operate a motor vehicle while your license is suspended, revoked, or cancelled by the Department of Safety and Homeland Security.

The severity of the charge depends on how many times you have been convicted of the same offense within the past five years. A first offense is a Class B misdemeanor. A second offense within five years is a Class A misdemeanor. A third or subsequent offense within five years is a felony. Each category carries different penalties, and the court has discretion to impose jail time at the upper end of the range.

Tennessee law does not distinguish between knowingly driving on a suspended license and doing so by mistake. If your license is suspended and you drive, you can be charged regardless of whether you knew about the suspension. This is why checking your license status before driving is critical if you have received a suspension notice.

Key Takeaways

  • A first offense of driving on a suspended license in Tennessee is a Class B misdemeanor punishable by up to six months in jail and a fine of up to $500.
  • A second offense within five years is a Class A misdemeanor with up to 11 months and 29 days in jail and a fine of up to $2,500.
  • A third or subsequent offense within five years becomes a felony with a sentence of one to six years in prison.
  • Your license suspension will be extended by an additional one year from the date of conviction, even if you were already serving a suspension.
  • You cannot claim you did not know your license was suspended as a legal defense in Tennessee.

Penalties for a First Offense

A first conviction for driving on a suspended license is charged as a Class B misdemeanor under Tennessee law. The sentence range is zero to six months in jail, and the fine range is zero to $500. The court may impose jail time, a fine, or both, depending on the circumstances of your case and your criminal history.

In addition to the criminal sentence, your license suspension will be extended by one additional year from the date of conviction. If you were already serving a two-year suspension, for example, it will become a three-year suspension. This extension is mandatory and applies regardless of whether the judge imposes jail time or a fine.

Many first-time offenders are offered the option to plead to a lesser charge or to enter a diversion program if one is available in your county. You should speak with a criminal defense attorney before your court date to understand what options may be available in your jurisdiction.

Penalties for a Second or Subsequent Offense

A second conviction within five years is charged as a Class A misdemeanor. The sentence range is zero to 11 months and 29 days in jail, and the fine range is zero to $2,500. A second offense carries significantly harsher penalties than a first offense, and judges are more likely to impose jail time.

A third or subsequent conviction within five years is charged as a felony. The sentence range is one to six years in prison. A felony conviction will appear on your permanent criminal record and can affect your ability to work, rent housing, or obtain certain licenses in the future.

The five-year lookback period is measured from the date of your prior conviction, not the date of your arrest. If you were convicted of driving on a suspended license on January 15, 2020, and you are arrested again on January 20, 2025, the prior conviction will no longer count toward a second offense because more than five years have passed.

How License Suspension Extensions Work

When you are convicted of driving on a suspended license, the court must order an additional one-year suspension extension. This extension begins on the date of conviction and runs consecutively with any existing suspension. The Department of Safety and Homeland Security will automatically add this extension to your record; you do not need to request it.

If your original suspension was set to end on December 31, 2025, and you are convicted on June 15, 2025, your new suspension end date becomes December 31, 2026. You cannot drive legally until the extended suspension period has fully expired. Driving during the extension period is another violation and can result in additional charges.

Some suspensions can be reduced or modified through a formal reinstatement process, but a conviction-related extension cannot be shortened. Your only option is to wait out the full extension period or to petition the court for a modification, which is rarely granted.

Defenses and Mitigating Factors

Tennessee courts recognize a narrow set of defenses to a driving-on-suspended charge. The most common is that you were not actually driving the vehicle — for example, you were a passenger or the vehicle was parked. Another defense is that your license was not actually suspended at the time you were stopped, which can happen if the suspension was lifted but the police database had not yet been updated.

You cannot defend yourself by claiming you did not know your license was suspended. Tennessee law places the burden on you to know the status of your license. If you received a suspension notice in the mail, by email, or through the DMV website, the state considers you notified regardless of whether you actually read it.

Mitigating factors that may reduce your sentence include a clean driving record before the suspension, evidence that the suspension was due to an administrative error, hardship caused by the suspension (such as job loss), and your cooperation with law enforcement. These factors do not erase the conviction, but they may persuade a judge to impose a lighter sentence within the allowable range.

What Happens If You Are Stopped While Suspended

If a police officer stops you and discovers your license is suspended, you will be issued a citation for driving on a suspended license. You will be required to sign the citation, which is a promise to appear in court. In some cases, the officer may arrest you on the spot, particularly if you have prior convictions or if the suspension is due to a serious offense like a DUI.

Do not attempt to argue with the officer or claim the suspension is a mistake. Provide your license and registration, remain calm, and ask for a copy of the citation. The time to challenge the suspension or the charge is in court, not at the roadside. If you believe the suspension was issued in error, your attorney can file a motion to dismiss before trial.

After you are cited, you will receive a court date in the mail. You must appear on that date or request a continuance in advance. Failing to appear will result in an additional charge of failure to appear, which is itself a misdemeanor, and a warrant may be issued for your arrest.

Reinstating Your License After Conviction

Once your suspension period has ended, you must explore for reinstatement through the Tennessee Department of Safety and Homeland Security. Reinstatement is not automatic. You will need to pay a reinstatement fee (the amount varies depending on the reason for your original suspension), provide proof of insurance, and pass a vision test.

If your suspension was due to unpaid traffic fines or court costs related to your driving-on-suspended conviction, you must pay those amounts before reinstatement will be granted. If you cannot afford to pay in full, some courts offer payment plans. Contact the court clerk's office to ask about your options.

You can check the status of your license and begin the reinstatement process online through the Tennessee DMV website or by visiting a Driver Services Center in person. Reinstatement typically takes one to two weeks if all documents are in order.

Frequently Asked Questions

Can I get a hardship license while my license is suspended?

Tennessee does not issue hardship or restricted licenses for most suspensions. However, if your suspension is due to a DUI conviction, you may be able to obtain a restricted license that allows you to drive to work, school, or court. You must petition the court that imposed the suspension. Other suspension reasons typically do not may have access to for a hardship license.

What if I did not receive notice that my license was suspended?

Tennessee sends suspension notices by mail to the address on file with the DMV. If you moved and did not update your address, you may not have received the notice. However, this does not prevent the suspension from taking effect. You can contact the Department of Safety and Homeland Security to verify your suspension status and the reason for it, and you can request a hearing to challenge the suspension if you believe it was issued in error.

Will a driving-on-suspended conviction show up on a background check?

Yes. A misdemeanor conviction will appear on a criminal background check and will be visible to employers, landlords, and others who run a background report on you. A felony conviction (third or subsequent offense) will be even more visible and can have long-term consequences for employment and housing.

Can I get the conviction expunged from my record?

Tennessee allows expungement of certain misdemeanor convictions under specific circumstances, but driving on a suspended license is not automatically may be able to access. You may petition the court for expungement after a waiting period, but the judge has discretion to grant or deny your request. Consult with a criminal defense attorney to determine whether expungement is possible in your case.

What should I do if I am arrested for driving on a suspended license?

Do not answer questions about why you were driving or whether you knew your license was suspended. Ask to speak with an attorney before you make any statements to police. If you cannot afford an attorney, you can request a public defender at your first court appearance. Do not plead guilty at your first appearance; ask for time to consult with counsel.