The Implied Consent Violation Restricted Driver’s License

Most motorists who have violated the Tennessee Implied Consent law by refusing to submit to a blood, breath or urine test during a Tennessee DUI arrest, will be eligible to obtain a Restricted Tennessee Driver’s License.  The Restricted TN Driver’s License for the Implied Consent Violation offender must include both day and time restrictions, as well as geographic restrictions.  The permitted geographic restrictions include locations associated with:

  • Employment;
  • College or university;
  • A court-ordered alcohol program;
  • Ignition interlock monitoring appointments;
  • Meetings with probation officer;
  • Regular place of worship;
  • Scheduled litter pick-up; and
  • Outpatient alcohol/drug treatment program.

It is important to note that not all of these locations will apply to every motorist. A judge in the county in which the offense occurred, or in which the motorist resides, must approve and sign an Order for Restricted Driver License, detailing the permitted locations.  Even then, the locations, days and times are subject to final approval by the Tennessee Department of Safety.

In light of the recent changes involving Tennessee Ignition Interlock Device laws, we are often asked: Can a motorist, whose license is revoked due to an implied consent violation, receive a restricted TN driver’s license without geographic restrictions if he installs an ignition interlock device? Unfortunately, the answer is no.  When the changes were implemented permitting licenses to be issued without restrictions (as long as the motorist installed an ignition interlock device), the new law did not allow the issuance of a license without geographic restrictions for licenses revoked for violation of the implied consent law.

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