Driving on a Suspended License in Memphis, Tennessee

Driving on a Suspended or Revoked License in Tennessee

Driving on a suspended, revoked, or cancelled license is one of the most commonly charged traffic-related offenses in Shelby County — and one of the most commonly misunderstood. It is not a simple traffic ticket. It is a criminal charge under Tenn. Code Ann. § 55-50-504 that carries the possibility of jail time, mandatory fines, and a further extension of the underlying suspension. Brooks Law Firm represents drivers facing these charges and related license matters throughout Memphis and Shelby County.

How Licenses Get Suspended in Tennessee

A Tennessee driver’s license may be suspended, revoked, or cancelled for a number of reasons. Among the most common:

The Criminal Charge: Driving While Suspended

Under Tenn. Code Ann. § 55-50-504, driving while the license is revoked, suspended, or cancelled is generally a Class B misdemeanor, carrying up to six months in jail and a fine up to $500. Certain circumstances elevate the charge:

• Second or subsequent offense within ten years — a Class A misdemeanor, up to 11 months and 29 days.
• Suspension based on a DUI — mandatory minimum jail time, elevated fines, and possible additional license consequences.
• Driving a commercial motor vehicle while the CDL privilege is disqualified — additional federal motor carrier consequences under 49 C.F.R. Part 383, which Tennessee’s “masking” prohibition prevents the court from avoiding.
• Habitual traffic offender status under Tenn. Code Ann. § 55-10-601 et seq., with significantly elevated penalties.

Restricted Licenses

In many cases, a driver whose license is suspended or revoked may petition for a restricted license allowing limited driving — to work, to school, to court-ordered programs, to medical appointments. The authority for restricted licenses varies by the reason for the suspension:

• DUI restricted licenses under Tenn. Code Ann. § 55-10-409, typically with an ignition interlock requirement.
• General restricted licenses under Tenn. Code Ann. § 55-50-502 for many other categories of suspension.
• Habitual offender relief under specific provisions of the habitual traffic offender statutes.

Eligibility, the supporting documentation required, and the specific restrictions imposed depend on the category of suspension and the driver’s record. A petition for a restricted license is typically filed in the court that ordered the underlying revocation.

Reinstating the License

Reinstatement usually requires some combination of the following, depending on the category of suspension:

• Completion of any required suspension period.
• Payment of all applicable reinstatement fees and any outstanding court costs or fines.
• Proof of SR-22 financial responsibility insurance where required.
• Completion of any ordered programs (DUI school, alcohol and drug assessment, interlock compliance).
• A clearance letter from the Tennessee Department of Safety and Homeland Security.

Where These Cases Are Heard

• General Sessions Court of Shelby County — for most state charges of driving while suspended.
• Memphis City Court — for city ordinance violations issued within Memphis.
• Municipal courts — Germantown, Collierville, Bartlett, and others for citations issued in those cities.
• Tennessee Department of Safety and Homeland Security — administrative proceedings related to the license itself, separate from the criminal charge.

Frequently Asked Questions

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

For most drivers it depends on why the license was suspended. Driving on a suspended, revoked or cancelled license is a Class B misdemeanor under T.C.A. § 55-50-504, with up to six months, a fine of up to $500, or both, and no mandatory jail unless the suspension came from a DUI, vehicular assault or vehicular homicide. In those cases the law requires at least two days in jail and allows a fine of up to $1,000, and when the suspension was for DUI, pretrial diversion is not available and the car can be forfeited. Before your court date, find out exactly why the license was suspended, because that reason shapes the case more than anything else.

Is a second offense for driving on a suspended license worse?

Yes. A second conviction is a Class A misdemeanor, which raises the maximum to 11 months 29 days (T.C.A. § 55-50-504). If the suspension came from a DUI, vehicular assault or vehicular homicide, a second conviction carries at least 45 days and up to one year in jail and a fine of up to $3,000. Convictions more than ten years old are not counted as priors. If this is your second charge, do not resolve it at the first setting until you know exactly what is on your driving record.

How many points is driving on a suspended license?

At most 4. For offenses on or after July 1, 2025, Tennessee law caps the points for driving on a cancelled, suspended or revoked license at four (T.C.A. § 55-50-504(k)), even though the Department of Safety’s published point schedule still lists 8. Twelve points in any 12 months brings a notice of proposed suspension, so those four points matter if you already have tickets on your record. A dismissal means no conviction and no points.

My license was suspended over unpaid tickets. What now?

You have real options. Since July 1, 2019, anyone who cannot pay traffic fines and costs in full must be offered a clerk payment plan based on income and ability to pay; a default on that plan can still lead to a suspension after a notice and 30 days to catch up, but the court must then order a restricted license for work, school and similar needs if you are otherwise eligible (T.C.A. § 55-50-502(j)). For Memphis City Court tickets, the City Court Clerk runs Drive While You Pay for licenses suspended over older Memphis tickets (a balance of at least $200, tickets at least four years old, payments made in person), Debt Recovery payment plans that prevent a suspension but do not lift one that already exists, and an amnesty program for city tickets ten or more years old. Bring every letter you have from the Department of Safety and the courts, because you have to be cleared with the court before the Department will reinstate the license.

How do I get my license back?

Start by finding every reason the license is suspended, because each one has its own fix. The Department of Safety’s reinstatement steps are to get the list of requirements for your license, get cleared with the local court, clear the state requirements, and then pay the reinstatement fee online, in person or by mail. You clear it by appearing, paying the ticket or entering a court or clerk payment plan (T.C.A. § 55-50-502(d)); the Department of Safety does not issue a restricted license for a failure-to-appear suspension in the meantime. We can pull your driving record and tell you what each hold needs.

Working With Brooks Law Firm

A charge for driving on a suspended license usually means two overlapping problems: the new criminal case and the underlying reason the license was suspended in the first place. We address both. For many clients, the goal is not only resolving the criminal charge but also clearing the path back to a valid license — through a restricted license, completion of outstanding obligations, or direct contact with the Department of Safety. Spanish-language services are available.