What Happens If You Drive on a Suspended License in Arkansas
Driving on a suspended license in Arkansas is a criminal offense, not a traffic violation. The state treats it as a separate crime from whatever caused the suspension in the first place, which means you face charges, fines, and jail time on top of the original penalty.
The severity depends on how many times you have driven suspended. A first offense is a Class B misdemeanor. A second or subsequent offense within five years becomes a Class A misdemeanor, which carries harsher penalties. Arkansas also distinguishes between driving with knowledge of the suspension and driving without knowledge — but ignorance of the suspension is not a legal defense.
The moment a police officer stops you and discovers your license is suspended, you will be cited for the offense. Your vehicle may be impounded, and you will be taken into custody or released on your own recognizance depending on the officer's judgment and your criminal history.
Key Takeaways
- Driving on a suspended license in Arkansas is a criminal misdemeanor charge separate from the reason your license was suspended.
- First offense carries up to 90 days in jail and fines up to $500; second or subsequent offense within five years carries up to one year in jail and fines up to $1,000.
- Your vehicle will likely be impounded, and you will face towing and storage fees in addition to court costs and fines.
- You cannot restore your license until you pay all fines, court costs, and reinstatement fees, and you must meet the original suspension requirements.
- Some suspensions can be lifted early through a hardship license or work permit if you meet specific criteria, but this requires a court petition.
Criminal Penalties by Offense Number
Arkansas law sets different penalties based on how many times you have been convicted of driving suspended within a five-year window. The clock resets five years after your most recent conviction.
First offense: Class B misdemeanor. Up to 90 days in jail, fines between $100 and $500, or both. The court may also order you to perform community service.
Second offense within five years: Class A misdemeanor. Up to one year in jail, fines between $200 and $1,000, or both. A second conviction also triggers a mandatory license suspension extension — your license will remain suspended for an additional period beyond the original suspension end date.
Third or subsequent offense within five years: Still a Class A misdemeanor, but judges have discretion to impose the maximum penalties and often do. You may also face habitual traffic offender (HTO) designation, which carries a separate two-year license suspension.
Fines, Court Costs, and Vehicle Impound Fees
The criminal fine is only part of what you will owe. Arkansas courts add court costs on top of the fine amount — these vary by county but typically range from $50 to $150. You are also responsible for any towing and storage fees if your vehicle was impounded, which can reach $200 to $500 depending on how long the vehicle sits in the lot.
Before your license can be restored, you must pay all fines, court costs, and the state reinstatement fee. Arkansas charges a $150 reinstatement fee for most suspensions. If your suspension was for unpaid traffic tickets or child support, additional fees may explore.
If you cannot pay when ready, you can request a payment plan through the court. However, the court is not required to grant one, and your license will remain suspended until the full amount is paid or a plan is approved and you are current on payments.
How Your License Gets Suspended in Arkansas
Understanding why your license was suspended helps you understand what you must do to restore it. Arkansas suspends licenses for several reasons, and each has different reinstatement requirements.
Administrative suspension: This happens automatically when you are arrested for DWI or refuse a breath test. The suspension takes effect 10 days after arrest unless you request a hearing with the Arkansas Department of Finance and Administration (DFA). An administrative suspension for a first DWI offense lasts 6 months; refusal lasts 12 months.
Court-ordered suspension: A judge suspends your license as part of a DWI conviction, reckless driving conviction, or accumulation of points. The length depends on the offense and your driving record.
Non-payment suspension: Your license is suspended if you fail to pay traffic fines, child support, or court costs. This suspension remains in place until the debt is paid.
Failure to appear: If you miss a court date, the court will suspend your license. You must appear in court or resolve the failure to appear before the suspension lifts.
Hardship Licenses and Work Permits in Arkansas
If your license is suspended, you may be able to obtain a hardship license or work permit that allows you to drive to work, school, medical appointments, or court-ordered treatment. This is not automatic — you must petition the court that issued the suspension.
To request a hardship license, you file a petition with the district court in the county where you were convicted or cited. You must show that the suspension causes undue hardship — meaning you have no reasonable alternative transportation and the suspension prevents you from working, attending school, or obtaining necessary medical care.
The court will review your petition and may grant a restricted license that limits where and when you can drive. You will still have to pay a fee (typically $50 to $100) and may be required to install an ignition interlock device if your suspension is DWI-related.
A hardship license does not restore your full driving privileges. It is a temporary measure that lasts only as long as the underlying hardship exists. Once your suspension period ends or the hardship resolves, the hardship license expires.
Steps to Restore Your License After a Suspended Driving Conviction
Restoring your license requires completing multiple steps in the correct order. Missing any one of them will delay reinstatement.
- Pay all fines and court costs. Contact the court that handled your case and ask for the total amount owed, including the criminal fine, court costs, and any restitution. Confirm the payment method and address.
- Pay the reinstatement fee. Once fines are paid, submit the $150 reinstatement fee to the Arkansas DFA. You can pay online through the DFA website or by mail.
- Complete any required programs. If your suspension was DWI-related, you must complete a substance abuse treatment program or DWI education course. The court will specify which program and provide a list of approved providers.
- Obtain proof of completion. The treatment provider or education program will issue a certificate of completion. Keep this document — you will need to show it when you explore for reinstatement.
- Submit your reinstatement request to the DFA. Mail or deliver your reinstatement fee, proof of payment of fines, and any required certificates to the Arkansas DFA Driver Services Division. Include a copy of your driver's license or ID.
- Wait for processing. The DFA typically processes reinstatement requests within 5 to 10 business days. Your license will be mailed to you once approved.
Common Mistakes That Delay or Prevent Reinstatement
Many people restart the reinstatement process multiple times because they miss a requirement or submit incomplete paperwork. The most common mistakes are paying the fine but not the reinstatement fee, completing a treatment program but not obtaining the certificate, and failing to resolve the original reason for suspension (such as unpaid child support or outstanding traffic tickets).
Another frequent error is assuming that once your suspension period ends, your license automatically restores. It does not. You must actively request reinstatement and submit the required documents and fees. If you do not, your license remains suspended indefinitely.
If you were convicted of driving suspended while your license was already suspended, do not attempt to drive again before reinstatement is complete. A second conviction will result in harsher penalties and may trigger habitual traffic offender status, which carries a mandatory two-year suspension.
Frequently Asked Questions
Can I get a restricted license to drive to work while my license is suspended?
Yes, you can petition the court for a hardship license if the suspension prevents you from working and you have no reasonable alternative transportation. You must file the petition in the district court that issued the suspension and demonstrate undue hardship. The court may grant a restricted license that allows driving only to and from work and court-ordered appointments.
What if I did not know my license was suspended when I was stopped?
Lack of knowledge is not a legal defense in Arkansas. You are responsible for knowing the status of your license. If you are unsure, you can check your license status online through the Arkansas DFA website or call the Driver Services Division before driving.
How long does it take to restore my license after I pay the reinstatement fee?
The Arkansas DFA typically processes reinstatement requests within 5 to 10 business days after receiving your complete process, proof of payment, and any required certificates. Your license will be mailed to your address on file. If you need it sooner, you can visit a DFA office in person to request expedited processing.
Will a suspended license conviction show up on a background check?
Yes. A conviction for driving on a suspended license is a criminal misdemeanor and will appear on your criminal record. Employers, landlords, and others who run background checks will see it. It will remain on your record permanently unless you pursue expungement through the courts.
What happens if I get a second suspended license conviction within five years?
A second conviction is a Class A misdemeanor with up to one year in jail and fines up to $1,000. The court will also extend your license suspension for an additional period beyond the original end date. If you accumulate three or more convictions within five years, you may be designated a habitual traffic offender, which triggers a mandatory two-year suspension and additional criminal penalties.