When an Out-of-State Driver Gets a Tennessee Criminal or Traffic Charge: What Happens to Your License?

You’re traveling in Tennessee; maybe you’re visiting family, visiting the Smokies, or on business. Regardless of what brought you to Tennessee, getting stopped by an officer is stressful. You get pulled over in a state that’s unfamiliar to you, navigate an arrest process or citation, and realize that you don’t know how to navigate traffic citations and charges in another state. That uncertainty often raises immediate questions about your license and what happens next.

There’s a common misconception that an out-of-state arrest or citation won’t affect you at home, but that just isn’t true. Tennessee shares drivers’ data with other states, which means that what happens here can follow you home. This is why it’s important to have a lawyer familiar with Tennessee law. Contact Delius, McKenzie & McCarter today for help with a Tennessee criminal or traffic charge.

How interstate license reciprocity works

There are two state compacts that may affect you when you are stopped in Tennessee. The first is the Driver License Compact. This allows states to share information on traffic offenses and license suspensions with other states in the compact.

The other is the Non-Resident Violator Compact. This compact aims to hold drivers accountable for their actions. If someone is cited in a member state and then ignores their citation, the state notifies the violator’s home state. The home state may suspend the driver’s license until the citation is resolved, depending on the relevant state laws.

What happens if you don’t appear in the Tennessee court?

Ignoring an out-of-state citation or arrest is a huge mistake, but unfortunately, it’s fairly common. A surprising number of people still believe that criminal charges from one state will remain in that state, so they simply avoid returning thinking that will shield them from consequences. That is not the case.

If you do not appear in court or pay your fine, the court notifies the Tennessee Department of Safety and Homeland Security. Your driving privileges in Tennessee may be suspended, and your non-compliance may be reported to your home state under the appropriate compact. On top of that, the court will likely issue a bench warrant if you are criminally charged in Tennessee. Your warrant may appear during a law enforcement check and could lead to arrest, depending on the circumstances and jurisdiction.

Your home state may impose licensing consequences (like a suspension or record entry) based on the Tennessee report, but you generally must still resolve the underlying Tennessee case. Depending on which state you live in, and how they typically handle these charges, you could have your license suspended, have to pay reinstatement fees to get your license back, and lose your license completely until you address the criminal matter in Tennessee.

Administrative consequences and criminal penalties

One important distinction for out-of-state drivers to make is the difference between administrative actions and criminal consequences. Administrative consequences are those that come from the Department of Safety & Homeland Security (which handles the DMV in Tennessee) or your own state’s DMV (or their equivalent of that agency). For example, they may revoke your privilege to drive in Tennessee if you refuse a lawful chemical test, and that refusal may be reported to your home state. A DUI may also appear on your driving record, which insurers may review, typically leading to you needing to get high-risk insurance before you can drive again. The violation may be reported to your home state and reflected on your driving record under that state’s system.

Administrative consequences are often automatic, and states that allow you to appeal them often give you a very limited timeframe to do so.

Criminal penalties are entirely separate from administrative penalties, although they often happen concurrently. These are handed down by the courts. For example, a DUI may mean that you are ordered to pay fines and court costs, get sentenced to jail time or probation, have a criminal record that shows up on background checks, be ordered to attend an alcohol and drug rehabilitation program, or have to install an ignition interlock device at your own expense. In Tennessee, it’s estimated that a first-time DUI costs about $4,900 when you consider all of these expenses.

What to do following a Tennessee arrest or citation

If you are cited in Tennessee, your first step is to read your citation in full. It should tell you exactly what you need to do and whether you can pay the fine or must appear in court. Do not ignore the citation. Just because it’s not from your home state doesn’t mean you don’t have to address it. If you want to resolve the issue, you can pay the fee and keep a copy of your payment receipt. If you want to challenge the citation, you can talk to a Tennessee attorney.

It’s a little different if you are arrested on criminal charges. A Tennessee DUI defense lawyer familiar with out-of-state criminal charges can help you take steps to resolve the criminal matter at home. They may inform you of how to check on the status of your license and refer you to an attorney in your state if you need additional assistance. They can also help you better understand how your arrest may affect other areas of your life. For example, if you work in a field that requires a clean driving record, a DUI arrest could have professional implications. This affects everyone from commercial drivers and nurses to government employees.

Upon returning to your home state, you should take action immediately to protect your license. In some states, you can ask to have your license reinstated or get a restricted license so you can continue working. However, certain states give you a limited time frame to make this request, and delaying can mean you unintentionally give up your chance to get your license back.

Contact Delius, McKenzie & McCarter after your Tennessee citation or arrest

If you’ve been criminally charged or cited in Tennessee, taking immediate action is the best way to mitigate the damage. Find out how we can help. Contact us online today.