(SEE BELOW FOR COMMERCIAL DRIVER LICENSE (CDL) INFORMATION)

There is a difference between having your Tennessee driver’s license suspended and having it revoked.

• A suspension means you cannot drive for a certain period of time, but can get your license back later.
• A revocation of your license means your driver’s license is cancelled, and you will need to submit to an investigation before you can obtain another license.

Insurance companies keep a close watch on license suspensions / revocations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums. It is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice. Additionally, you will face Heavy Fines and Reinstatement Fees, and Points on your driver’s license! All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

There are a variety of reasons why your Tennessee driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. In addition to any suspensions handed down by the TN DOS, you may also face criminal penalties. The following are some of the most common reasons for a Tennessee driver’s license to be suspended or revoked.

• Driving Under the Influence. Your Tennessee driver’s license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension will be between 1 year for a 1st offense, 2 years for a 2nd offense, 3 to 10 years for a 3rd conviction and possibly permanently for a 4th conviction. In addition, you will face a jail term of between 48 hours up to 11 months and 29 days. Two or more convictions will result in your vehicle being seized. A 4th or subsequent conviction is a Class E Felony. Note, you may also face other penalties such as paying restitution to those with injuries or personal loss, installation of an Ignition Interlock Device (at your expense) and attending a treatment program for drug and alcohol addiction. The TN DOS provides a full list of possible penalties for each DUI/DWI offense on their website. Refusal to take a breathalyzer test is another reason for suspension.

Minors who commit alcohol or drug-related offenses face:

• License suspension of up to 2 years, or until the driver turns 18 years old (whichever is longer).
• Fines of up to $250.
• License revocation for 1 year (in the case of impaired driving).
• For a full list of penalties, visit the TN DOS website.

NOTE: Additional penalties and fines may be imposed by the court.

• Excessive Moving Violations. The state of Tennessee operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you are adult and accumulate 12 or more points on your current driver record in a 1-year period, you will receive a notification of proposed suspension and will have the opportunity to attend a hearing. If you are a teen, and accumulate 6 to 9 points in 12 months you face suspension for 3 to 6 months. 10 points or more is a 6-month suspension, and subsequent offenses will result in a 6 to 12 month suspension, depending on your record. Failure to attend the hearing will result in license suspension for periods ranging from 6 months to 1 year. Attending a hearing may provide the opportunity to undergo a Defensive Driving Course, which may waive your license suspension, or reduce the suspension period.
• Driving without Insurance. All motor vehicles driven in Tennessee must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Failure to Stop Following an Accident. Failing to stop when involved in an accident or attempting to elude a police officer will also result in license suspension.
• Other Driving Related Violations. Your Tennessee driver’s license may also be suspended if you engage in reckless driving or racing, give false information to a police officer or if you fail to stop when signaled. Your Tennessee driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, driving away without paying for fuel or if you abandon your vehicle on a public highway.
• Driving without a License. If you are stopped while driving and are unable to display your license to a police officer, you will be fined between two dollars and fifty dollars.
• Failure to Pay Child Support. Your license will be suspended if you fail to pay child support.
• Physical or Psychological Disqualification. The DPS Chief Administrator can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension. A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a DPS notice or not appearing in court; failing to pay traffic tickets, fines or surcharges.

Before your license is suspended, you will receive a notification of proposed suspension from the Department of Safety. You will be given the opportunity to attend a hearing to appeal your suspension. If an adult driver is notified of a proposed suspension and does not request a hearing, he will face suspension of his license. In contrast, minor drivers (under 18 years old) must attend a hearing with a parent or legal guardian.

If your license has been suspended under the DOS’s Driver Improvement Program at your hearing, you may be able appeal your suspension. Contact the TN DOS at (615) 251-5166.

In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program may remove points from the current driving record, and in some cases can enable an individual to avoid having his license suspended. It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension.

Obtaining a restricted driver’s license depends on your situation. Some drivers are eligible to obtain one if they have a suspended or revoked license; others can’t get one (or drive at all) until after their suspension periods are up. Generally, you can apply for a restricted license UNLESS:

• You’re not enrolled in a driver improvement course.
• Your court order states you’re ineligible.
• You have other outstanding suspensions, revocations, or cancellations in Tennessee or any other state.
• Your license was suspended or revoked for DUI after July 1, 2000 and you already have a prior DUI, vehicular assault, vehicular homicide, or other serious conviction on your record.
• Your proposed route doesn’t include the approved designated locations: School, work, substance abuse programs, and ignition interlock appointments.
• Your judge didn’t sign your order.
• You don’t have Driver Improvement approval (or the section isn’t signed).
• Your order doesn’t include the: Violation, date of violation, date of conviction or disposition.
• Your SR-22 isn’t through the state of Tennessee or it’s through a state not licensed to do business in Tennessee.

Your restricted driver’s license application process—including paperwork, fees, and other requirements—depends entirely on why your license is suspended. Visit the state’s Restricted License Information page for instructions on how to apply based on your specific situation.

Apply for a Duplicate Restricted Driver’s License:

Visit your local driver license station with the appropriate duplicate fee ($8 or $12 depending on your situation; call ahead) and the reason for the duplicate:

• Residence changes.
• Employment changes such as hours, location, or other requirements.

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your Tennessee commercial drivers license (CDL) can be suspended whether you violate traffic laws or commit crimes in Tennessee or out of state. Additionally, your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles. Depending on your offense, you may face both state and federal suspensions and charges. The Federal Motor Carrier Safety Administration (FMCSA) sets forth these regulations.

Major Offenses:

• Having a blood alcohol concentration (BAC) of 0.04%.
• Refusing a breath or blood test (violating implied consent laws).
• Leaving an accident scene.
• Using the commercial vehicle to commit a felony. (This includes the manufacturing and distributing of a controlled substance.)
• Negligent CMV operation causing a death.
• Operating a commercial motor vehicle while you have a disqualified, suspended, or revoked commercial driver’s license.

Major Offense Penalties:

• 1st violation: CDL disqualification for 1 year. 3 years if transporting hazardous materials.
• 2nd violation: CDL disqualification for life. (Possible reinstatement after 10 years.)
• If you drive without a valid CDL, you may be subject to steep penalties, possible fines of up to $5,000, and even jail time imposed by the court. Employers who allow or require drivers to drive a CMV without a valid CDL may also face fines or jail time.

Serious Traffic Violations:

Per state and federal law, serious traffic violations include:

• Reckless driving or excessive speeding.
• Improper lane changes.
• Driving too closely behind other vehicles.
• Violating any motor vehicle traffic control law that results in a fatal accident.
• Operating a CMV without a CDL or a commercial endorsement.

Serious Traffic Violation Penalties:

• 1st violation: No disqualification.
• 2nd violation within 3 years: CDL disqualification for 60 days.
• 3rd violation or any subsequent violations within 3 years: CDL disqualification for 120 days.

Serious violations committed while driving in a non-commercial vehicle are not included UNLESS the violation leads to the suspension, revocation, or cancellation of your TN driver’s license or regular (non-commercial) driving privileges.

Railroad Highway Grade Crossing Violations:

RRHGC, or Railroad Highway Grade Crossing Violations, refer to offenses involving improper crossing of a railroad in a commercial vehicle. Examples of such violations include:

• Failing to slow down and check that the tracks are clear.
• Failing to stop when required.
• Driving across the tracks when there isn’t sufficient space for the commercial vehicle.

Railroad Highway Grade Crossing Violation Penalties:

• 1st violation: Minimum of 60-day suspension.
• 2nd violation (within 3 years): Minimum of 120-day suspension.
• 3rd violation (within 3 years): At least 1-year suspension.

Out-of-Service Order Violations:

OOSO violations, or Out-of-Service Orders violations, are divided into Category 1 and Category 2 offenses.

Category 1 includes violations related to hazardous materials and vehicles designed to transport at least 16 passengers. The length of time your CDL is disqualified will be based on the number of offense:

• 1st violation: Between 180 days and 2 years.
• 2nd violation or any subsequent violations within 10 years: 3 to 5 years.

Category 2 includes violations by drivers NOT in Category 1. The number of offense determines the amount of time your CDL will be disqualified:

• 1st violation: Between 180 days and 1 year, and a minimum $2,500 fine.
• 2nd violation within 10 years: 2 to 5 years, and a minimum $5,000 fine.
• 3rd violation or any subsequent violations: 3 to 5 years.

For more detailed information on CDL penalties, you can refer to:

• Tennessee Commercial Driver License Manual.
• Tennessee Motor Carrier Manual.
• FMCSA Commercial Driver’s License Program.

NOTE: You are required to notify your employer within 30 days of any traffic conviction. You must also notify them within 2 business days if your license is suspended, revoked, or cancelled. Lastly, you must submit all information on driving jobs you’ve had in the past 10 years; you’ll also need to do this when applying for a commercial driving job.