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How to Get Your License Back After a DUI in Tennessee
A Tennessee DUI/DWI violation occurs when a driver operates a motor vehicle while impaired by alcohol or drugs that affect the driver's ability to safely operate the vehicle. Under Tennessee law, DUI offenses carry serious penalties ranging from heavy fines and jail time to suspension of the driver's license, restricting the driver's ability to drive under certain conditions. The Driver Services Division of the Tennessee Department of Safety and Homeland Security is the agency responsible for driver's licenses and DUI offenses for the state.
Step 1: Know the Terms of Your Suspension
The type and length of license suspension a driver will face after a DUI in Tennessee typically differ based on how many prior offenses they have, if they refused a chemical test, and if there were further crimes such as serious injury, vehicular homicide, or child endangerment. Listed below are DUI offenses and their corresponding license suspension penalties.
First-Time DUI Offenders
First-time offenders will have their license revoked for one year. They must have an Ignition Interlock Device installed for a minimum of a year. A high BAC detected during tests may lead to further fines, jail time, and license suspension. The earliest estimated time for a license reinstatement is at the end of the suspension, which is a year.
Second-time DUI Offenders
A second-time DUI offender in Tennessee will have their license revoked for 2 years, and an IID is mandatory if the driver requires a restricted license. Under certain conditions, the driver may apply for a restricted license within 90 days of the suspension. If this was the second offense in 5 years, the IID remains for 6 months after license reinstatement. The driver may apply for reinstatement after the suspension ends in 2 years if all other required compliances have been completed.
Third-Time DUI Offenders
For a third-time offender, the mandatory license suspension is 6 years. Under certain conditions, including installing an ignition interlock device, the driver may apply for a restricted license one year into the suspension.
Fourth-Time Offenders
Four-time offenders will have their licenses revoked for up to 8 years. After a year, they may apply for a restricted license.
Refusal to take an alcohol test will also affect a driver's suspension time by adding further license suspensions. Refusal to take a test, such as a breathalyzer, may add between 1 and 3 years to the license suspension, depending on whether it is a first or subsequent refusal.
Step 2: Fulfill Court and DMV Requirements
The Driver Services Division and the Tennessee courts both impose penalties on DUI offenders even though they operate independently. While Driver's service will pass down administrative penalties based on traffic violations, the courts will hand down legal punishments based on court judgments.
Administrative penalties passed by the Tennessee Department of Safety driver services typically include the following:
- License suspensions
- Mandatory attendance at DUI education programs
- Fines and reinstatement fees
- License reinstatement conditions
Criminal penalties handled by the local courts include:
- Jail time and community service sentences
- Court fines and fees
- Attendance at DUI education programs
- Vehicle impoundment
Although both agencies may impose similar penalties, they are not the same. Depending on the case, license suspensions and fines from both agencies are cumulative.
Step 3: Complete a DUI Education or Treatment Program
In Tennessee, DUI convicts are typically mandated to attend a DUI education program as part of their sentence. Both the courts and the DMV equivalent will require completion of these courses as part of a court sentence or requirement for license reinstatement. In Tennessee, the only registered DUI program is the Prime For Life system, and all DUI schools teach its curriculum. DUI programs in Tennessee include the following.
Prime For Life Alcohol Drug Safety Program (ADSAP)
All DUI schools must provide at least 12 hours of instruction from the Prime for Life System to each student to complete the course. Registered DUI schools in Tennessee may be found on the DUI School Database link on the Criminal Justice Service website. Simply select alcohol and drug school services in the drop-down menu provided. Prices from the different schools range from $150 to $250 for the 12-hour course. To enroll, select a school from the list and visit with valid identification and payment. Each school will present its students a completion certificate at the end of the course.
Victim Impact Panels
Attendance at victim Impact panels is sometimes added to court sentences. DUI offenders are ordered to attend these courses to see firsthand the consequences of DUI. DUI schools and education centers will offer these alongside the regular programs. Fees usually range from $50 to $100.
Alcohol and Drug Assessment and Counselling
Courts may require a formal chemical dependence assessment by a Licensed Alcohol and Drug Abuse Counselor (LADAC). This will include evaluations, AA meetings, counselling, and treatment recommendations. Enrollment is via court order or DUI school referral, and costs between $100 and $300.
Step 4: Get SR-22 Insurance or Equivalent
DUI offenders in Tennessee must obtain and maintain SR-22 insurance for at least 3 to 5 years. An SR-22 certificate is not a type of insurance, but rather it's a certificate issued by an insurance company on request proving the bearer carries the state-required amount of liability insurance after a DUI conviction. To obtain an SR-22, the driver informs their insurer, which provides the forms. After the forms are filled out, the insurer files them with the Tennessee Department of Safety. The filing fee is typically about $50 per filing, but the increased insurance since the driver is now considered high risk will vary by insurance provider.
Step 5: Pay Reinstatement Fees
The reinstatement fees required to recover a driver's license in Tennessee generally depend on several factors, including the number of prior DUI convictions and other particular conditions.
Some of the fees required to reinstate a license include the following:
- Standard reinstatement fees- $65 per incident
- SR-22 insurance filing fees-$50
- Failure to surrender license after revocation-$75(license must be surrendered within 20 days of suspension)
- Major DUI offenses - $103
For example, a repeat offender who did not surrender his license on suspension will pay 103+50+75 for a total of $228. The exact amount will depend on the full violation, and the department will notify the driver of the full fees on demand. More comprehensive information is available on the Reinstatements page of the Department of Safety and Homeland Security website.
Payment may be made Online, in person at the Reinstatement Centers, or by mailing a money order or cashier's check payable to the Tennessee Department of Safety and Homeland Security to:
Tennessee Department of Safety and Homeland Security
Attention to: Reinstatements
P.O. Box 945
Nashville, TN 37202
Step 6: Submit Your License Reinstatement Application
Application for Reinstatement may be submitted to the Tennessee Department of Safety and Homeland Security online, in person, or by mail.
Online
To apply online, the applicant must know their Tennessee driver's license number and their last name as it appears on it. For payment, all relevant documents and a credit/debit card should be on hand. Simply visit the E-Services section of the Tennessee Department of Safety and Homeland Security website and follow the instructions in the Reinstatement section to upload documents and pay fees. Then reissue the license using the link provided.
In person
To reinstate the license in person, applicants may visit any locations listed on the Reinstatement Center page with their documents and fees during office hours. Interested applicants should check the Closure Advisories page before their visit to be sure of operating hours or search for the nearest center by county or city. To know the reinstatement requirements, applicants may call the center toll-free at (866) 903-7357 or click on View Reinstatement Requirements under reinstatements in the e-services section.
By mail
Mail all the relevant documents clearly showing the applicant's full name, date of birth, social security number (if one has been issued), mailing address, and phone number. Also, the Tennessee driver's license number and reason for cancellation, suspension, or revocation. The package should be mailed to the Tennessee Department of Safety and Homeland Security(TDOSHS) at:
If using USPS:
Tennessee Department of Safety and Homeland Security
Financial Responsibility
P.O. Box 945
Nashville, TN 37202
If using a Courier service (UPS, FedEx, DHL, etc.):
Tennessee Department of Safety and Homeland Security
Financial Responsibility
1150 Foster Avenue
Nashville, TN 37210
What If You're Denied License Reinstatement in Tennessee?
Common reasons for denial of a license reinstatement application in Tennessee may include the following:
- Unpaid fines and court fees, or judgments from DUI incidents
- Pending DUI cases on record
- Uncompleted license suspensions
- Incomplete documentation, missing proof of insurance, or court certifications
- No proof of attending court-mandated DUI programs
Typically, the denial notice will be given in writing; study the notice and understand the reasons for the denial. The official notice of denial must also inform the driver of their 30-day window to appeal the decision. Make sure to file for the appeal or administrative hearing within 30 days of the denial, and the driver will be assigned a hearing with an officer appointed from the Department of Public Safety.
Attend the hearing and provide proof, make arguments, and focus on rectifying any errors. If the denial is upheld after the hearing, the applicant may escalate the issue to a judicial review by filing an appeal via Tennessee's Uniform Administrative Procedures Act within 30 days. Generally, applicants denied reinstatement of a revoked driving license must wait 6 months before re-applying.
Hardship Licenses: Driving with Limited Privileges
In Tennessee, a hardship or restricted driver's license allows drivers whose driving privileges have been revoked to legally drive in the state for specific reasons and under specific conditions. Typically, it is for driving for essential reasons such as work, hospital trips, school, and court-ordered activities.
Tennessee offers two main types of restricted licenses:
- The Class-H hardship license for minors who may show a need to drive. Either for medical reasons or family hardships
- The restricted license for adults whose license was revoked for DUI, negative points on the license, or a court order
To apply for the restricted license for adults, drivers may follow these steps:
- Obtain a certified court order granting the license from the court. The order must state where the driver is allowed to drive.
- Provide the SR-22 proof of insurance and pay all reinstatement fees
- Install an Ignition Interlock Device
- Take all documentation to the Driver Services Center and apply.
Limitations of a restricted license in Tennessee include the following:
- Restrictions on when and where the license allows the driver to go. The driver may only go to approved destinations like work during approved times, like class period, or specific shifts noted in the court order
- The driver may be stopped by police and must provide court orders
- The Ignition Interlock device will restrict driving freedom
- Being found driving outside the permitted scope could lead to full revocation and even criminal charges
How Long Does It Take to Get Your License Back After a DUI?
The time it will take to reinstate a driver's license in Tennessee after a DUI will usually depend on previous offense history and how quickly the applicant complies with all court and administrative requirements. Please refer to the table below.
Offense | Suspension Period | Key requirements for reinstatement | Minimum Reinstatement Time |
---|---|---|---|
First Offense | 1 year | SR-22 insurance, DUI school Attendance, full payment of all fees | 2 months after the suspension period ends |
Second Offense | 2 years | All of the above, plus an ignition interlock device installed | 3 months after the suspension period ends |
Third Offense | 6 to 10 years | All of the above, plus a court order required for any form of license reinstatement | 6 months to a year after the suspension period ends |
Refusal to test will add a further 1 to 2 years to suspension time |
