Driving on a Suspended License in Tennessee Is a Criminal Offense

In Tennessee, operating a motor vehicle while your license is suspended is a separate crime from whatever caused the suspension in the first place. You can be charged and convicted even if you were not speeding, did not cause an accident, and were driving safely. The state treats this as driving with a suspended license, and the penalties depend on how many times you have been convicted of the same offense.

The moment your license suspension takes effect — whether from unpaid traffic fines, a DUI conviction, medical reasons, or failure to pay child support — you are legally prohibited from driving any vehicle on a public road in Tennessee. A police officer who stops you for any reason can run your license and discover the suspension. You do not have to be breaking another traffic law to be arrested.

Understanding what you face if you drive during a suspension, and what your options are to restore your license, can help you avoid a criminal record and additional fines.

Key Takeaways

  • Driving on a suspended license in Tennessee is a criminal misdemeanor, not just a traffic violation, and carries jail time and fines even on a first offense.
  • A first conviction carries up to 30 days in jail and a fine of $25 to $50; a second conviction within five years carries up to 60 days and $50 to $100; a third or more carries up to 90 days and $100 to $500.
  • The reason your license was suspended affects how you restore it — some suspensions require you to pay fines or fees, others require a hearing or completion of a program.
  • You can request a restricted license from the Tennessee Department of Safety and Homeland Security for essential purposes like work or medical appointments while your suspension is in effect.
  • If you are stopped and your license is suspended, you will be arrested; you cannot talk your way out of the charge at the roadside.

Criminal Penalties for Driving on Suspension in Tennessee

Tennessee Code Annotated § 55-7-116 sets out the penalties. The offense is a Class B misdemeanor on a first conviction, which means you face up to 30 days in jail, a fine between $25 and $50, or both. A second conviction within five years is also a Class B misdemeanor but with harsher terms: up to 60 days in jail and a fine of $50 to $100. A third or subsequent conviction within five years becomes a Class A misdemeanor, carrying up to 90 days in jail and a fine of $100 to $500.

These are criminal convictions, not traffic citations. They appear on your permanent record and can affect employment, housing, and insurance. Even if the judge suspends the jail time, the fine and the conviction itself remain.

The court may also order you to pay restitution if your driving caused damage or injury, and the court can impose additional conditions such as probation, community service, or mandatory driver improvement courses.

Why Your License Was Suspended and How That Affects Restoration

Tennessee suspends licenses for different reasons, and the path to getting your license back depends on the reason. The most common causes are unpaid traffic fines, DUI conviction, failure to pay child support, medical disqualification, and accumulation of points from traffic violations.

If your suspension is for unpaid fines, you must pay the outstanding balance to the court that issued the citation. Contact the court directly or the Tennessee Department of Safety and Homeland Security to find out the exact amount owed. Once you pay, the court notifies the state, and your suspension is lifted.

If your suspension is for a DUI conviction, you must complete a substance abuse program and an alcohol education program before you can request reinstatement. The Department of Safety will tell you which programs are approved. You must also pay a reinstatement fee, which varies but is typically $275 to $400.

If your suspension is for failure to pay child support, you must contact the Tennessee Department of Human Services or the court handling your case. You may need to set up a payment plan or appear before a judge. Once the arrears are addressed, the suspension is lifted.

If your suspension is medical, you must be cleared by a physician and submit a medical evaluation form to the Department of Safety before reinstatement.

Requesting a Restricted License While Suspended

Tennessee allows you to request a restricted license (also called a hardship license) if your license is suspended and you can show that the suspension causes undue hardship. A restricted license permits you to drive only for specific purposes: work, school, medical treatment, court-ordered programs, or child care.

To request a restricted license, contact the Tennessee Department of Safety and Homeland Security's Driver Services office in your county. You will need to complete an process and provide documentation of your hardship — for example, a letter from your employer stating that you need to drive to work, or a medical appointment letter. There is a fee, typically $20 to $50, depending on the type of restriction.

A restricted license does not lift your suspension; it allows limited driving during the suspension period. If you drive outside the permitted purposes, you can still be charged with driving on a suspended license. The restricted license is valid only for the duration of your suspension.

What Happens If You Are Stopped While Suspended

If a police officer stops you and discovers your license is suspended, you will be arrested. You cannot negotiate or explain your way out of the charge at the roadside. The officer will issue you a citation for driving with a suspended license and may impound your vehicle.

You will be taken to a local jail for booking. You may be released on your own recognizance (a promise to appear in court) or held until a bail hearing. The amount of bail, if any, depends on your criminal history and the reason for the suspension.

You will then appear in court, usually within a few days. At that hearing, you can enter a plea, request a continuance, or ask for a public defender if you cannot afford an attorney. If you plead guilty or are found guilty, the judge will impose the penalties outlined above.

Avoiding a Conviction: Your Court Options

If you are charged with driving on a suspended license, you have several options in court. You can plead guilty, plead not guilty and request a trial, or negotiate a plea agreement with the prosecutor.

Some courts offer diversion programs for first-time offenders, which allow you to avoid a conviction if you complete certain conditions — such as paying fines, attending a driver improvement course, or performing community service. Ask your public defender or the prosecutor whether your case is may be able to access for diversion.

You can also request a continuance to give yourself time to restore your license before the trial. If you restore your license before trial, the prosecutor may agree to dismiss the charge. This is not may provide, but it is worth asking.

If you cannot afford an attorney, request a public defender at your first court appearance. Do not plead guilty without speaking to an attorney first.

Steps to Restore Your License After Suspension

The exact steps depend on the reason for your suspension, but the general process is the same. First, contact the Tennessee Department of Safety and Homeland Security at 615-251-8590 or visit their website to confirm the reason for your suspension and what you must do to restore it. Ask for a written summary of the requirements.

Second, complete all required actions — pay fines, finish a program, clear medical issues, or resolve child support arrears. Keep receipts and documentation of everything you complete.

Third, pay the reinstatement fee. This is typically $275 to $400 for a standard reinstatement, though it varies by reason. Some suspensions have no reinstatement fee.

Fourth, submit your documentation to the Department of Safety. You can do this by mail, in person at a Driver Services office, or online through their portal. Include copies of receipts, completion certificates, and any court orders.

Fifth, wait for the Department of Safety to process your request. This usually takes 5 to 10 business days. Once approved, your suspension is lifted and you can legally drive again.

Frequently Asked Questions

Can I get a suspended license restored before the suspension period ends?

Yes, if you complete all the requirements tied to your suspension — such as paying fines, finishing a program, or resolving child support arrears — you can request reinstatement before the original suspension period expires. The Department of Safety will lift the suspension once you meet those conditions and pay any reinstatement fee.

What if I did not know my license was suspended?

"I did not know" is not a legal defense to driving on a suspended license in Tennessee. You are responsible for knowing the status of your license. If you receive a notice of suspension and ignore it, or if you fail to respond to a court order, the suspension takes effect regardless. Check your license status regularly through the Department of Safety website or by calling their office.

Can I drive to the courthouse to handle my case if my license is suspended?

You can request a temporary permit from the court to drive to your hearing, but this is not automatic. Contact the court clerk before your appearance date and explain that your license is suspended. Some courts will issue a one-time permit; others will not. Do not assume you can drive to court without permission.

Does a restricted license count as a valid license if I am stopped by police?

A restricted license is a valid license, but only for the purposes listed on it. If you are stopped and you are driving outside those permitted purposes — for example, driving to a restaurant when your license is restricted to work only — you can still be charged with driving on a suspended license.

What happens to my vehicle if it is impounded?

If your vehicle is impounded, you must pay an impound fee (typically $100 to $300) plus daily storage fees to retrieve it. You will also need a valid driver's license or a restricted license to pick it up. Contact the impound lot for the exact amount owed and their hours of operation.