Can I Get a Restricted Driver's License After a DUI in Tennessee?

kyleneross

58 minutes ago

4 min read

Often, yes. Tennessee lets many people who lose their license for a DUI, or for refusing a breath or blood test, ask a judge for a restricted license (Tenn. Code Ann. § 55-10-409). Whether you qualify, and whether you must use an ignition interlock device, depends on your test result, your record and what happened during the arrest.

How long you lose your license

After a DUI conviction, the court must bar you from driving for (Tenn. Code Ann. § 55-10-404):

First offense: 1 year
Second offense: 2 years
Third offense: 6 years
Fourth or later offense: 8 years

A refusal of a breath or blood test brings its own suspension. For refusals on or after January 1, 2026, a first refusal with no DUI, vehicular assault or vehicular homicide conviction in the past 10 years is 18 months, and 2 years with a prior conviction (Tenn. Code Ann. § 55-10-406, as amended by Public Chapter 403 of 2025).

A restricted license is how many people keep getting to work during that time.

Who can apply

People whose licenses were revoked under the DUI law (§ 55-10-404) or the implied consent law (§ 55-10-406) can apply, with two major exceptions. You cannot get a restricted license until the full revocation period has ended if (Tenn. Code Ann. § 55-10-409):

You have a prior conviction for vehicular assault, aggravated vehicular assault, vehicular homicide or aggravated vehicular homicide, or
Someone was seriously injured or killed in the course of the conduct that led to your DUI conviction.

When an ignition interlock is required

An ignition interlock is a breath-testing device wired into your car's ignition. The court must require one as a condition of a restricted license in several situations, including when (Tenn. Code Ann. § 55-10-409):

Your blood or breath alcohol test was 0.08% or higher, or showed alcohol in any amount combined with marijuana, a controlled substance or certain other drugs.
A child under 18 was in the vehicle.
You caused a crash that had to be reported to police.
You have certain prior violations within 5 years, such as an implied consent violation or reckless driving.
You have a prior DUI within 10 years. In that case the interlock is required for the entire time you hold the restricted license.

With an interlock license, every vehicle you drive must have a working interlock installed, according to the Tennessee Department of Safety.

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross or Chloe Hawes about your situation. Arrested after hours? Send us a message and we are notified right away.

If an interlock is not required

If none of the interlock triggers apply, the restricted license is limited to driving for specific purposes (Tenn. Code Ann. § 55-10-409), including:

Going to and from your regular job
Meetings with your probation officer
A court-ordered alcohol safety program
College or university classes
Substance abuse treatment
Religious services
Medical treatment
Interlock monitoring appointments

How to apply

Petition the court. You ask for a restricted license from the judge who heard your case, or from a judge in your county of residence with authority to hear DUI cases (Tenn. Code Ann. § 55-10-409). For a Sumner County resident, that can be a judge in Sumner County General Sessions Court, 155 East Main Street, Gallatin.
Get the signed order. The Department of Safety calls it an Order for Restricted Driver License (ORDL).
Install the interlock, if required. The installer sends proof of installation to the state.
Get SR-22 insurance. The Department of Safety lists an SR-22 filing among the documents for an interlock restricted license.
Go to a Driver Services Center within 10 days. The statute says the court order must be taken to the Department within 10 days after it is issued, with a $65 fee (Tenn. Code Ann. § 55-10-409).

Miss the 10-day window and you may have to go back to court for a new order.

How long the interlock stays on

The Department of Safety lists minimum interlock periods tied to the revocation: 365 days for a first DUI, 730 days for a second, 2,190 days for a third, and 2,920 days for a fourth or later. Violations recorded by the device can extend the time.

Driving without a valid license

Driving outside the terms of a restricted license, or without an interlock when one is required, can lead to new charges and a longer loss of your license. Follow the order exactly.

How we can help

Kylene Ross and Chloe Hawes help clients in Sumner and nearby counties with the whole DUI case, including the petition for a restricted license. We review whether you qualify, whether an interlock is required, and what the order should say so you can get to work and to court. Learn more on our DUI defense page, read what happens after a DUI arrest in Sumner County, or see all of our criminal defense services.

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