Driving after a DUI in Tennessee: the Restricted Driver License

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

No administrative (per se) suspension or Department hearing exists for a test failure in Tennessee. TDOSHS's Financial Responsibility Laws page describes both the DUI revocation and the Implied Consent suspension as consequences of a court conviction, the latter for 1-2 years 'depending on the determination of the court' under T.C.A. 55-10-406. The driving privilege therefore continues until the court's disposition, subject to any bond condition under T.C.A. 55-50-502(c)(3) (work-only or interlock-only driving while the charge is pending). No notice, request form, fee or deadline applies at the Department level.

“A driver who is convicted of Implied Consent will have their driving privileges suspended for a period of 1-2 years depending on the determination of the court. Authority: T.C.A. 55-10-406 Mandatory suspension? Yes”

Who can get it, and how soon

TDOSHS states a restricted license is available during the mandatory revocation period for a DUI conviction and during the mandatory suspension period for an Implied Consent (refusal) conviction; it may only be applied for while still under revocation or suspension, is subject to department approval, and cannot be issued for Class A, B or C commercial driver licenses. Excluded after a DUI conviction: a prior conviction of vehicular homicide as the proximate result of intoxication, aggravated vehicular homicide or vehicular assault, and an accident in which a person was killed or suffered serious bodily injury as the proximate result of the DUI. Denial also follows if the driver's record shows any other revocation, suspension or cancellation in Tennessee or another state that has not been reinstated.

“Authority: T.C.A. 55-10-401 Mandatory revocation? Yes. Revocation Length: 1-8 years Restricted license available during mandatory revocation period? Yes.”

Tennessee imposes no administrative test-failure suspension: TDOSHS states the DUI revocation (1 year for a first offense) follows conviction under T.C.A. 55-10-401 and the Implied Consent suspension (1-2 years, as determined by the court) follows conviction under T.C.A. 55-10-406. The restricted license is applied for after conviction with a certified court order from the convicting court or the court of the county of residence, presented at a Driver Services Center within ten days; TDOSHS states no waiting period for a first offense, so no day count is recorded. Separately, under T.C.A. 55-50-502(c)(3) a judge may order a person with a pending DUI charge to drive only to and from work or only a vehicle equipped with an ignition interlock device, applied for with the same court-order, SR-22 and fee steps.

“A driver who is convicted of DUI will have their driving privileges revoked for a period of 1 – 8 years dependent upon the level of DUI convicted. T.C.A. 55-10-401 & T.C.A. 55-10-404 DUI 1 st – 1 year”

Conditions attached to the privilege

As stated by TDOSHS: Step 1, obtain a certified Order for Restricted Driver License (ORDL) signed by a judge from the court where convicted or the court in the county of residence; Step 2, obtain SR-22 liability insurance showing the policy is currently in effect (a standard policy or other documentation is not acceptable); Step 3, within ten days of the court order being signed, visit a Driver Services Center with the certified ORDL and any other required documentation, apply for a ninety-day temporary license and pay all applicable fees (the Restricted Authority page lists a $65 license fee and $2 application fee); Step 4, the Restricted License Team reviews the application and may request more documentation, which must be completed within the ninety days; Step 5, the restricted license is mailed and is valid only during the revocation period. If the court or statute requires restricti

“Step 2: Obtain SR-22 liability insurance showing the policy is currently in effect. A standard insurance policy or other documentation is not acceptable in place of an SR-22.”

Where and when it allows driving

Unless the court authorizes a license with an ignition interlock device and no geographic restrictions, driving is limited to the geographic locations stated on the court order: to and from, and working at, the regular place of employment; to and from an office, meeting or function with a probation officer; a court-ordered alcohol safety program; a college or university if enrolled full time; a scheduled interlock monitoring appointment; an outpatient alcohol or drug treatment program; or the regular place of worship for regularly scheduled services. A Pending DUI Case restriction is limited to driving to and from, and working at, the regular place of employment or to interlock-equipped vehicles. A restricted license with a geographic restriction requires a new court order to change the place or hours.

“Geographic locations restricted to only driving to and from, and working at, person's regular place of employment; to and from office, meeting, or function with probation officer; attending a court-ordered alcohol safety program; a college or university if enrolled full time;”

How it is issued

A court issues the Restricted Driver License by order, which is then presented to the licensing agency.

Official page: tn.gov

The statute: Tenn. Code Ann. § 55-10-425(b)(1) (restricted-license interlock condition); Tenn. Code Ann. § 55-10-409 (restricted auth

“upon application by a person who is not otherwise prohibited from having a restricted license, the court must order the installation and use of a functioning ignition interlock device for the ignition interlock usage period.”