Tennessee Code Annotated

Tenn. Code Ann. § 55-10-404 (2026)

Driving prohibitions - Restricted licenses - Revocation and suspension - Commercial licenses and vehicles

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

(a)
- (1) The court shall prohibit any person convicted of a violation of § 55-10-401 from driving a vehicle in this state for a period of:
  - (A) One (1) year, if the conviction is a first offense;
  - (B) Two (2) years for a second offense;
  - (C) Six (6) years for a third offense; and
  - (D) Eight (8) years for a fourth or subsequent offense.
- (2) In the interest of public safety, a driver who has been prohibited from driving a vehicle in this state pursuant to this subsection (a) may apply for a restricted license subject to § 55-10-409.

(b) Nothing in this part shall be construed so as to in any way limit, change, alter, repeal, or amend § 55-50-303, § 55-50-501, or § 55-50-502, nor to limit the power or authority of the department of safety to revoke or suspend a driver license, permit, or privilege under chapter 50 of this title. Nothing in this section shall be construed to prohibit the issuance of a restricted license in accordance with § 55-10-409.

(c) A person holding a commercial driver license or operating a commercial motor vehicle at the time of the violation of § 55-10-401 for which they are convicted will also be subject to § 55-50-405.

Amended by 2013 Tenn. Acts, ch. 344, s 1, eff. 5/13/2013.

Amended by 2013 Tenn. Acts, ch. 154, s 4, eff. 7/1/2013.

Code 1932, § 10830; 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 59-1036.

Notes of Decisions

Cited in 5 cases, 1987–2020 · leading case: State v. Sanders, 735 S.W.2d 856 (Tenn. Crim. App. 1987).

Sort: Relevance Newest Treatment

State v. Sanders, 735 S.W.2d 856 (Tenn. Crim. App. 1987). “§ 55-10-403(g) provides: “In the prosecution of second or subsequent offenders the indictment or charging instrument must allege the prior conviction or convictions for violating any of the provisions § 55-10-401 — § 55-10-404, setting forth the time and place of each prior…”

State of Tennessee v. Tyrone R. Teasley (Tenn. Crim. App. 2015). · cites it 12× “In the context of Code section 55-10-404(a)(1)(A), the trial court could only prohibit the Defendant from driving, not effectively revoke his driver’s license. Revocation of the Defendant’s license is an administrative procedure conducted by the Department of Safety.”

Sandra K. Fisher v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2020). · cites it 2× “See Tenn. Code Ann. § 55-10-404 (a)(1)(D) (2017).”

State of Tennessee v. Kevin Cortez Chrystak (Tenn. Crim. App. 2014). · cites it 2× “See Tenn. Code Ann. § 55-10-404 (governing suspension of a convicted DUI defendant’s driver’s license).”

State of Tennessee v. Richard E. Brown, Jr. (Tenn. Crim. App. 2011). “driving while intoxicated under § 55-10-404 shall be punished by confinement for not less than two (2) days nor more than six (6) months.”

— Tenn. Code Ann. § 55-10-404(a)(1)(A) — 1 case

State of Tennessee v. Tyrone R. Teasley (Tenn. Crim. App. 2015). “In the context of Code section 55-10-404(a)(1)(A), the trial court could only prohibit the Defendant from driving, not effectively revoke his driver’s license. Revocation of the Defendant’s license is an administrative procedure conducted by the Department of Safety.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.