Driving on a suspended license in Arkansas is a criminal offense with penalties that escalate based on how many times you have been caught

Arkansas treats driving on a suspended license as a misdemeanor crime, not a traffic violation. The state distinguishes between driving with a suspended license (your license was valid and then revoked) and driving with a revoked license (your license was permanently canceled). Both are illegal, but the penalties and your options differ depending on which one applies to you and whether this is your first, second, or third offense within a specific timeframe.

The offense is codified under Arkansas Code § 27-16-702. Police can stop you for any traffic violation and discover the suspension through the state database. You do not have to be speeding or breaking another law — a routine traffic stop for a broken taillight can result in an arrest for driving with a suspended license if your status shows in the system.

The consequences are serious enough that you need to understand what you are facing before you get behind the wheel, and what your options are if you have already been charged.

Key Takeaways

  • A first offense for driving on a suspended license in Arkansas carries a fine of $100 to $500 and up to 30 days in jail; a second offense within five years increases the fine to $250 to $1,000 and jail time up to 60 days.
  • A third or subsequent offense within five years is a felony, punishable by a fine of $500 to $2,500 and up to one year in prison.
  • The court may order you to pay restitution to any person injured or whose property was damaged, in addition to fines and jail time.
  • Your vehicle may be impounded, and you will be responsible for towing and storage fees even if you are not convicted.
  • You can request a hardship license (also called a work permit) from the Arkansas Department of Finance and Administration to drive to work, school, or medical appointments while your license is suspended.

Penalties for a First Offense

If this is your first time driving on a suspended license in Arkansas, the offense is a Class B misdemeanor. You face a fine between $100 and $500, imprisonment for up to 30 days, or both. The judge has discretion to impose any combination of these penalties.

In practice, first-time offenders often receive a fine and probation rather than jail time, especially if the suspension was for a minor reason (such as an unpaid traffic ticket) rather than a serious one (such as a DUI). However, jail time is possible, and you should not assume it will not happen to you.

The court may also order you to pay restitution if anyone was injured or if property was damaged as a result of your driving. This is separate from the fine and can be substantial if an accident occurred.

Penalties for a Second Offense Within Five Years

A second offense within five years of the first is still a misdemeanor, but it is elevated to a Class A misdemeanor. The fine increases to $250 to $1,000, and jail time increases to up to 60 days. Again, the judge can impose any combination of these penalties.

At this level, jail time becomes more likely. A judge is more inclined to impose custody as a consequence of repeated behavior, especially if you were warned about the law after the first offense.

The five-year window is measured from the date of the first offense, not the date of conviction. If you are charged with a second offense more than five years after the first, it will be treated as a first offense again.

Penalties for a Third or Subsequent Offense Within Five Years

A third or subsequent offense within five years becomes a felony under Arkansas law. This is a significant escalation. You face a fine of $500 to $2,500 and imprisonment for up to one year in the Arkansas Department of Corrections.

A felony conviction has consequences beyond the when ready sentence. You will have a permanent criminal record, which affects employment, housing, professional licensing, and other aspects of your life. You may also lose certain civil rights, such as voting or firearm ownership, depending on the specifics of your case.

If you have two prior convictions for this offense within five years, you should consult with a criminal defense attorney when ready. The stakes are high enough that professional representation is worth the cost.

Vehicle Impoundment and Storage Fees

When you are arrested for driving on a suspended license, your vehicle will likely be impounded by law enforcement. You are responsible for all towing and storage fees, which typically range from $150 to $300 for towing plus $20 to $50 per day for storage. These fees accumulate quickly and are owed regardless of whether you are convicted.

To retrieve your vehicle, you must pay the fees in full and provide proof that your license is no longer suspended (or that you have a hardship license). If you cannot pay, the vehicle may be sold at auction after a set period, usually 30 to 60 days.

Some jurisdictions offer fee waivers or payment plans for low-income individuals, but this varies by location. Contact the impound lot directly to ask about your options.

Requesting a Hardship License While Suspended

Arkansas allows you to request a hardship license (officially called a work permit) even while your license is suspended, provided the suspension was not for a DUI, reckless driving, or certain other serious offenses. A hardship license permits you to drive only for specific purposes: work, school, medical treatment, or court-ordered programs.

To request a hardship license, you must submit a form to the Arkansas Department of Finance and Administration, Division of Motor Vehicles. The form requires you to explain why you need to drive and provide documentation of your need (such as an employment letter, school enrollment, or a medical appointment). There is a fee, which varies but is typically $25 to $50.

Approval is not may provide. The DMV will review your request and may deny it if your reason does not meet the criteria or if your suspension is for a disqualifying offense. If approved, the hardship license is valid only for the stated purpose and only during the hours specified by the DMV. Driving outside those parameters is a separate violation.

What to Do If You Are Charged

If you are arrested for driving on a suspended license, do not answer questions without a lawyer present. You have the right to remain silent and the right to an attorney. Exercise both.

Request a public defender if you cannot afford a private attorney. The court will appoint one at no cost to you. A criminal defense attorney can review the circumstances of your stop, challenge the legality of the arrest if applicable, negotiate with the prosecutor for reduced charges, or represent you at trial.

Do not ignore the charge or fail to appear in court. A failure-to-appear warrant will be issued, and your license suspension will be extended. The consequences compound quickly.

Before your court date, contact the Arkansas Department of Finance and Administration to confirm the reason for your suspension. Sometimes suspensions are issued in error or can be lifted if you resolve the underlying issue (such as paying an outstanding fine or completing a required course). If your suspension is lifted before trial, the charge may be dismissed.

Frequently Asked Questions

Can I get a hardship license if my suspension is for a DUI?

No. Arkansas does not issue hardship licenses for suspensions related to DUI, reckless driving, or driving with a suspended or revoked license. If your suspension is for one of these reasons, you cannot drive for any purpose until the suspension is lifted.

What is the difference between a suspended and revoked license in Arkansas?

A suspended license is temporary and can be reinstated once you meet the conditions (pay a fine, complete a course, or wait out the suspension period). A revoked license is permanent and requires you to retest and reapply for a new license. Driving on either is illegal, but a revoked license suspension typically results from more serious violations.

Will a conviction for driving on a suspended license affect my car insurance?

Yes. A conviction will be reported to your insurance company and will likely result in higher premiums or cancellation of your policy. Some insurers will not cover drivers with this conviction. You may need to obtain high-risk insurance, which is more expensive.

Can I get the charge dismissed if I pay to reinstate my license?

Not automatically. Reinstating your license does not erase the charge or the arrest. However, it may help your case in court if you can show the judge that you have resolved the underlying issue. Discuss this with your attorney before taking any action.

What happens if I am caught driving on a suspended license a second time before my first case goes to trial?

You will be charged with a second offense, and both cases will likely be prosecuted together. The penalties will be based on the second-offense guidelines, which are more severe. This is another reason to resolve the first charge quickly and to avoid driving while suspended.