Driving on a Suspended License in Tennessee: First and Repeat Offenses

Updated October 2026 · Reviewed by Billy Forte

If you are asking about driving on suspended license tn, the short answer is that it is a crime under TCA 55-50-504: a first offense is a Class B misdemeanor, and a second or later offense is a Class A misdemeanor. Jail is required only when the license was taken for DUI, vehicular assault or vehicular homicide. Since July 1, 2025, the law also allows no more than 4 points for this offense.

Key Facts

  • The offense: driving while your license is cancelled, suspended or revoked, on roads or in public lots. See what counts.
  • First offense: a Class B misdemeanor, up to 6 months and/or $500. See first and repeat offenses.
  • Repeat offense: a Class A misdemeanor, up to 11 months 29 days and/or $2,500. See first and repeat offenses.
  • Required jail: only when the suspension came from DUI, vehicular assault or vehicular homicide. See when jail is required.
  • Points: “Not more than four (4) points” since July 1, 2025. See points.
  • Getting legal again: follow the TDOSHS reinstatement steps and pay the fees. See how to drive legally again.

What Counts as Driving on a Suspended License

The offense is in TCA 55-50-504(a)(1). It applies when a person drives “at a time when the person’s privilege to do so is cancelled, suspended, or revoked.”

The law covers more than public roads. It also covers these places:

  • the premises of any shopping center
  • a manufactured housing complex
  • an apartment house complex
  • “any other premises frequented by the public at large”

So a parking lot can count. The three words in the law, cancelled, suspended and revoked, are all covered the same way.

Driving on Suspended License TN: First and Repeat Offenses

The law sets two levels. A first offense is a Class B misdemeanor (TCA 55-50-504(a)(1)). A “second or subsequent violation” is a Class A misdemeanor (TCA 55-50-504(a)(2)).

The maximum penalties for each class come from TCA 40-35-111. This table shows how they apply to this offense.

Driving while suspendedFirst offenseSecond or later offense
Offense classClass B misdemeanorClass A misdemeanor
Most jail time allowedUp to 6 monthsUp to 11 months 29 days
Highest fine allowedUp to $500Up to $2,500
Jail and fine togetherEither one or bothEither one or both

These are the upper limits. The court decides the actual sentence in each case.

How This Compares With a Basic Traffic Ticket

A traffic violation with no other penalty set is a Class C misdemeanor (TCA 55-10-301(a)). That class allows up to 30 days and/or a $50 fine (TCA 40-35-111). Driving while suspended starts one level higher, at Class B.

Court costs are separate from these limits. Each court sets its own.

Old Convictions and the 10-Year Rule

Not every past conviction counts toward a repeat offense. Under TCA 55-50-504(a)(1)-(2), “Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered” for enhancement.

So a conviction from more than 10 years before the new violation does not make the new one a Class A offense.

When Jail Is Required

Required jail time applies only when the license was cancelled, suspended or revoked because of one of these convictions:

  • driving under the influence (DUI) under TCA 55-10-401
  • vehicular assault
  • vehicular homicide

In those cases, TCA 55-50-504(a) sets these terms:

  • First conviction: jail of 2 days to 6 months, and a fine of up to $1,000 may be added.
  • Second or later conviction: jail of 45 days to 1 year, and a fine of up to $3,000 may be added.

These minimums do not apply to every suspended-license case. If your suspension came from something else, such as points or an unpaid ticket, the general Class B or Class A limits above apply.

When the Vehicle Can Be Taken

Vehicle forfeiture also depends on why the license was taken. Under TCA 55-50-504(g), the vehicle can be seized and forfeited only when the original suspension or revocation was for DUI.

That includes a DUI law in another state. The law also says a conviction for the driving offense “is not required” for the forfeiture. For other suspensions, this rule does not apply.

Points for Driving on a Suspended License

Since July 1, 2025, TCA 55-50-504(k) says, “Not more than four (4) points shall be assessed” for this offense. That change came from Public Chapter 504 of 2025.

The TDOSHS Schedule of Points Values, last updated August 12, 2025, still lists 8 points. The statute controls, so the limit is 4 points.

Points still add up. An adult with 12 or more points in any 12 months gets a notice of proposed suspension, and a driver under 18 gets one at 6 or more. For example, a reckless driving conviction (6) and a driving-while-suspended conviction (up to 4) total up to 10 points.

Why Tennessee Suspends a License

TCA 55-50-502(a)(1) lists the grounds TDOSHS can use. They include a driver who:

  • has been convicted with a frequency of serious offenses against traffic regulations
  • has been convicted of a driving offense and has not paid or secured the fine or costs
  • has failed to appear in court to answer or satisfy a traffic citation
  • has committed an offense in another state that would be grounds here
  • is under 18 and has withdrawn from secondary school

Points are another path. The TDOSHS Points Accumulation page says 12 or more points in any 12 months for adults, or 6 or more under 18, brings a notice of proposed suspension. Our guide to license suspension for points covers that process.

Failure to Appear Suspensions

For a failure to appear, the court must report it to TDOSHS within 6 months of the violation date. That time limit does not apply to commercial license holders.

You then get written notice. You have 30 days to ask for a hearing to show an error in the records (TCA 55-50-502). Our guide to failure to appear covers that path.

When a Suspension Takes Effect

A TDOSHS suspension does not start the day it is decided. Under TCA 55-50-504(h), it takes effect 10 days after notice is sent to your last known address.

That rule does not apply to a suspension by a court. It also does not apply if you surrendered your license to the court.

Because TDOSHS mails notices to your last known address, keep that address current.

Five things to check about a Tennessee license suspension: TDOSHS notices, your last known address, your $5 MVR, the reinstatement requirements tool and the reason for the suspension

If a Court Dismisses or Diverts the Charge

TCA 55-50-504(f) covers one more case. If a court dismisses or diverts a driving-while-suspended charge, the court sends TDOSHS a record of that action.

You must then meet the financial responsibility rules in TCA Title 55, Chapter 12, before any driving privileges are reinstated. These are the financial responsibility (SR-22) rules that apply before reinstatement.

How to Drive Legally Again

The way back is reinstatement. Start by checking your status:

Then follow the TDOSHS steps. Clear the court or agency, clear each state item, and pay the fees. TCA 55-12-129 sets a $65 restoration fee for each offense that led to the suspension or revocation, unless another law says otherwise.

Some drivers may ask about a restricted license. The TDOSHS Restricted License page says some people “may qualify for a restricted driver license depending on their situation.” For drivers who qualify, the page lists a certified order signed by a judge and SR-22 insurance that is in effect.

Within 10 days of the order, the driver applies at a Driver Services Center for a 90-day temporary license. Restricted licenses cannot be issued for Class A, B or C commercial licenses.

Our Tennessee license reinstatement guide covers fees, payment plans, SR-22 and restricted licenses.

Summary card of key Tennessee numbers for driving on a suspended license: 10 days after notice, a 10-year look-back, up to 4 points and a $65 restoration fee

What We Found on the Official Pages

On the pages we checked on October 27, 2026, the TDOSHS Schedule of Points Values still listed 8 points for this offense. Public Chapter 504 of 2025 set “Not more than four (4) points” in TCA 55-50-504(k).

The Restricted License page (updated September 28, 2026) did not mention driving on a suspended license. The Reinstatements page (updated June 5, 2026) listed no fee amounts.

Common Mistakes

Each point below is checked against Tennessee law or a TDOSHS page:

  • Thinking a parking lot does not count. The law covers shopping centers, apartment complexes and other public places.
  • Assuming everyone gets required jail. Required jail applies only to DUI, vehicular assault and vehicular homicide suspensions.
  • Assuming every car is taken. Forfeiture applies only when the original suspension was for DUI.
  • Using the old 8-point value. Since July 1, 2025, the law allows no more than 4 points.
  • Ignoring your mail. A TDOSHS suspension takes effect 10 days after notice goes to your last known address.
  • Skipping SR-22 after a dismissal. Financial responsibility rules still apply before reinstatement.

How Requirements Can Vary

Tennessee point values, the Driver Improvement Program and the speeding point-removal rule come from state law and TDOSHS rules (TCA 55-50-505, TCA 55-8-207 and Rule 1340-01-04) and apply statewide. Whether a court orders a course for your ticket, which course it orders, and how your case is handled are up to the court on your ticket or the TDOSHS letter you received. Fines and court costs depend on the court and the charge.

Laws, rules and court practice can change. Check your ticket, any court order or TDOSHS letter, the TDOSHS website and the Tennessee Code before you enroll or pay.

Frequently Asked Questions

Is driving on a suspended license a misdemeanor in Tennessee?

Yes. A first offense is a Class B misdemeanor, with up to 6 months and/or up to $500. A second or later offense is a Class A misdemeanor, with up to 11 months 29 days and/or up to $2,500.

Will I go to jail for driving on a suspended license?

Jail is required only if the license was taken for DUI, vehicular assault or vehicular homicide. Then it is 2 days to 6 months, or 45 days to 1 year for a second or later such conviction. In other cases, the court decides within the class limits.

How many points is driving on a suspended license in Tennessee?

Since July 1, 2025, TCA 55-50-504(k) allows “Not more than four (4) points.” The TDOSHS Schedule still lists 8, but the law controls.

Can my car be taken for driving on a suspended license?

Only if the original suspension or revocation was for DUI. In that case, the vehicle can be seized and forfeited even without a conviction for the driving offense.

Do old convictions count toward a second offense?

Not if they are more than 10 years old. TCA 55-50-504 says those convictions are not considered for enhancement.

When does a TDOSHS suspension start?

It takes effect 10 days after notice is sent to your last known address. That rule does not apply to suspensions ordered by a court.

How do I get my license back?

Check your TDOSHS reinstatement requirements, clear each item and pay the fees, including a $65 restoration fee per offense. File SR-22 if your list requires it.

Does a parking lot count as driving on a suspended license?

It can. TCA 55-50-504(a)(1) covers public roads and the premises of shopping centers, manufactured housing and apartment complexes, and other places the public uses.

Conclusion

Driving on a suspended license in Tennessee is a Class B misdemeanor the first time and a Class A misdemeanor after that, and the way back to full driving privileges is reinstatement through TDOSHS. If your court orders a driver education course, make sure that court will take an online course, and then take the Tennessee Driver Education Course online. For a speeding conviction, check the TDOSHS 4-hour list first; TCA 55-8-207 removes up to 5 points when a department-approved course is done within 90 days of the conviction, once in four years, and the conviction stays.

Sources


Billy Forte is the owner of Driving Logic, an online driver education course provider serving Tennessee and other U.S. states.

This article is general information, not legal advice. Tennessee course rules, point values, fines and penalties depend on your ticket, court, TDOSHS notice and case facts, and they can change. Use official TDOSHS, Tennessee Code and court sources, and consult a qualified Tennessee attorney for advice about your own case.