Penalties for Driving Under Suspension: Is Jail Time Possible?
May 15, 2025
Driving with a suspended/revoked license is a charge that many drivers underestimate in Tennessee—until they're facing criminal penalties, fines, or even jail time.
Whether the suspension stems from a DUI, failure to pay traffic tickets, or accumulated points on a driving record, getting caught behind the wheel while your driving privileges are revoked can lead to serious legal trouble. William L. Pomeroy Law is here to offer criminal defense.
Understanding the penalties for driving suspended—and the role a criminal defense attorney can play—can make a significant difference in how a case is handled. In many states, including Tennessee, Driving While License Suspended is not just a traffic infraction.
It’s often treated as a criminal offense, and the consequences can escalate quickly depending on the circumstances of the violation, the driver’s history, and the reason for the initial suspension. In certain cases, jail time is a possibility—even for first-time offenders. License
Categories of Driving Under Suspension Charges
Driving under suspension is not always treated equally in the eyes of the law. In many jurisdictions, the specific nature of the suspension influences how prosecutors and judges handle the case. In Tennessee, for example, there are typically three types of Driving Suspended/Revoked charges.
Driving Suspended (Non-DUI Related)
This is the most common type and occurs when a person’s license is suspended for non-alcohol-related reasons. A first offense is generally considered a misdemeanor and may come with a fine and a short potential jail sentence. However, repeat offenses carry much steeper penalties.
Driving Revoked (DUI Related)
If a license was revoked due to a DUI conviction or administrative suspension (such as refusing a breathalyzer), the penalties become more severe. Courts view these offenses as higher risk to public safety, which can lead to harsher sentences, including mandatory jail time of 2 days.
Habitual Offender Violations
If someone has been declared a habitual traffic offender and continues to drive, the consequences escalate dramatically. In such cases, the Driving Suspended/Revoked charge may be considered a felony, bringing with it lengthy jail or prison time, steep fines, and a longer license suspension.
Is Jail Time Possible?
Yes, jail time is absolutely a possibility when facing a Driving Suspended/Revoked charge, especially under certain conditions. While many first-time offenses may result in fines or probation, the likelihood of incarceration increases significantly with repeat violations, DUI-related suspensions, or additional aggravating factors. Here’s a breakdown of what penalties might look like.
First Offense (Non-DUI Related)
Yes, jail time is possible even for a non-DUI-related first offense, though it is not always mandatory. Whether incarceration is imposed often depends on the specific facts of the case, such as the reason for the suspension, the driver’s behavior during the stop, and whether they have any prior traffic violations. According to the National Conference of State Legislatures, you may face these penalties.
Misdemeanor charge
Fine (often between $0–$500)
Up to 180 days in jail
Additional license suspension
While jail is possible, many first-time offenders avoid it, particularly with help from a skilled criminal defense attorney.
Second Offense (Non-DUI Related)
Jail time becomes much more likely for a non-DUI-related second offense. Most courts treat repeat offenses more seriously, viewing them as a disregard for prior penalties and court orders. Here are some penalties you may suffer.
Class A Misdemeanor charge
Larger fines (up to $2,500)
No Mandatory jail sentence
Additional license suspension
Possible impoundment of the vehicle
At this stage, the courts are far less lenient. Jail time becomes more likely, even for non-DUI cases.
Third or Subsequent Offense (Non-DUI Related)
A third offense for driving under suspension, even if it’s unrelated to DUI, significantly increases the risk of jail time. At this point, the court may consider the driver a habitual offender, and prosecutors are often more aggressive in seeking harsher penalties. Here are potential penalties you may experience.
Class A Misdemeanor charge
Jail time up to 90 days
Possible community service in limited cases
Further extension of the license suspension
Showing that the driver is actively working to correct their driving status, such as attending court-ordered programs or resolving outstanding issues with the DMV, can sometimes influence the outcome in their favor.
DUI-Related Driving Revoked Charges
Penalties for driving on a revoked license due to DUI are much stricter. Jail time is possible for a non-DUI-related Driving Suspended charge, even if it’s a first offense. Even a first offense can result in the following.
Mandatory jail time (48 hours)
Higher fines
Court-ordered substance abuse treatment
Ignition interlock requirements
Long-term impact on insurance and employment
Without effective criminal defense representation, drivers face a higher risk of incarceration, especially if their actions are seen as a disregard for traffic laws or court orders.
Additional Consequences Beyond Jail
The criminal penalties are only part of the picture. Drivers convicted of driving under suspension often face collateral consequences that can disrupt daily life for months or even years. These may include the following.
Longer suspension periods: Each conviction often adds time to the original suspension.
Higher insurance premiums: Insurance companies often raise rates drastically or drop coverage entirely after a Driving Suspended conviction.
Employment issues: Jobs that involve driving, transportation, or deliveries may be at risk. Some employers may view a Driving Suspended charge negatively, even if driving is not required.
Probation or community service: In some cases, judges will impose probation conditions or require community service in addition to—or in place of—jail time.
Court costs and administrative fees: Beyond the fines, courts often impose various fees that can quickly add up, putting additional financial strain on the defendant.
A well-planned criminal defense strategy is often essential for minimizing these burdens and handling the legal process effectively.
Common Reasons Licenses Are Suspended
Before learning about the penalties, it’s helpful to understand why a license may be suspended in the first place. A suspension can result from a variety of actions or failures to act, such as the following.
Failing to pay traffic tickets or court fines
Accumulating too many points on a driving record
Failing to appear in court
Failing to carry mandatory auto insurance
Certain criminal convictions not directly related to driving
Each of these causes can lead to a different legal classification for the suspension, and in turn, a different level of severity when it comes to the penalties for driving under suspension.
How a Criminal Defense Attorney Can Help
When charged with driving under suspension, many people don’t realize how serious the consequences can be until it's too late. Consulting with a criminal defense attorney early in the process can help minimize the damage and, in some cases, lead to dismissed or reduced charges. An experienced attorney can do the following.
Review the legality of the suspension: In some cases, the suspension itself may have been issued in error or without proper notice.
Advocate for leniency: A criminal defense lawyer can argue for alternatives to jail, such as probation or enrollment in a driver improvement course.
Challenge the traffic stop: If the stop that led to the charge was unlawful or lacked probable cause, the case may be dismissed.
Help restore driving privileges: A lawyer may assist in securing a provisional or restricted license, allowing the defendant to drive to work or school legally while the case is resolved.
Given the criminal classification of driving under suspension in many jurisdictions, it’s critical to approach the case with a defense strategy tailored to the circumstances and supported by legal knowledge.
Contact William L. Pomeroy Today
Driving under suspension is a charge that carries real consequences, including potential jail time in Brentwood, Tennessee, as well as Davidson County, Williamson County, and Rutherford County. Whether your license was suspended for a DUI, unpaid tickets, or another violation, the penalties can escalate quickly if the issue isn’t addressed. Work with a qualified criminal defense attorney at William L. Pomeroy Law to reduce penalties, avoid incarceration, and get back on the road legal