Driving on a suspended license in Arkansas is a criminal offense with escalating penalties
In Arkansas, operating a vehicle while your license is suspended is illegal. The state treats this as a separate crime from whatever caused the suspension in the first place — meaning you face charges even if you were originally suspended for a minor traffic violation. The penalties depend on how many times you have been convicted of this offense and whether the suspension was for a safety-related reason (like a DUI) or a non-safety reason (like unpaid fines).
The distinction matters because Arkansas courts impose harsher sentences for driving with a suspended license related to safety violations. A first offense for a non-safety suspension typically results in a fine and possible jail time. Subsequent offenses carry steeper consequences, including longer jail sentences and higher fines. You should understand these penalties before deciding whether to drive, because the legal cost of getting caught often exceeds the cost of finding alternative transportation.
Key Takeaways
- Driving on a suspended license in Arkansas is a criminal offense separate from the reason your license was suspended, and you can be arrested and charged even for a single trip.
- First-time offenders face jail time up to 30 days and fines up to $500 for non-safety suspensions, with harsher penalties for safety-related suspensions like DUI.
- A second or subsequent conviction within five years results in up to 90 days in jail and fines up to $1,000, plus a mandatory license suspension extension.
- Your vehicle can be impounded, and you will be responsible for towing and storage fees on top of criminal penalties.
- The fastest way to resolve a suspended license is to contact the Arkansas Department of Finance and Administration to learn why it was suspended and what steps restore it.
Penalties for a first offense in Arkansas
A first conviction for driving on a suspended license in Arkansas carries a fine of up to $500 and jail time of up to 30 days if the suspension was for a non-safety reason. Non-safety reasons include unpaid traffic fines, failure to pay child support, or administrative suspensions unrelated to impaired driving or reckless conduct. The court has discretion to impose the fine, the jail time, or both.
If your suspension was for a safety-related reason — primarily a DUI or DWI conviction — the penalties are more severe. You face a fine of up to $1,000 and up to 90 days in jail for a first offense. The court may also extend your suspension period as part of the sentence. Additionally, if you are arrested, your vehicle will likely be impounded, and you will owe towing and storage fees to the impound lot, which can range from $100 to $300 or more depending on how long the vehicle remains impounded.
Penalties for repeat offenses within five years
A second or subsequent conviction for driving on a suspended license within five years of the first conviction results in up to 90 days in jail and fines up to $1,000. The court will also extend your suspension period, meaning you cannot legally drive for even longer. This creates a compounding problem: the longer you are suspended, the more difficult it becomes to work or handle daily responsibilities, which can lead to further violations.
If you have multiple convictions, the court may also impose a mandatory minimum jail sentence rather than giving the judge discretion. Some judges will consider alternatives like community service or a work-release program, but you cannot count on this. The safest approach is to resolve your suspension status before driving again, because each additional conviction makes your situation worse and more expensive.
How vehicle impoundment works in Arkansas
When you are arrested for driving on a suspended license, law enforcement can impound your vehicle. The vehicle is towed to a storage facility, and you become responsible for all associated costs. Towing fees typically range from $100 to $300, and storage fees accumulate daily — often $20 to $50 per day depending on the impound lot. After 30 days, some lots may sell the vehicle to cover unpaid fees, though you retain the right to reclaim it if you pay the accumulated charges.
To retrieve your vehicle, you must pay the towing and storage fees in full. Some impound lots accept payment plans, but this varies by facility. You will also need proof that your license suspension has been lifted or that you have a valid restricted license before you can legally drive the vehicle away. Contact the impound lot directly to learn their specific payment options and what documentation they require.
Steps to lift a suspended license in Arkansas
The first step is to find out why your license was suspended. Contact the Arkansas Department of Finance and Administration, Driver Services Division, at 501-682-7060 or visit their website. Have your driver's license number ready. They will tell you the specific reason for the suspension and what you must do to restore your driving privileges. Common reasons include unpaid traffic fines, failure to appear in court, unpaid child support, or a medical condition flagged by the state.
Once you know the reason, take the required action. If it is unpaid fines, pay them in full or arrange a payment plan with the court. If it is a failure to appear, contact the court and reschedule. If it is child support, contact the Arkansas Department of Human Services. If it is a medical issue, you may need to provide a doctor's letter or pass a medical examination. After you have resolved the underlying issue, contact Driver Services again to confirm your suspension has been lifted.
Some suspensions require you to pay a reinstatement fee in addition to resolving the original issue. This fee varies depending on the reason for suspension but typically ranges from $50 to $200. Ask Driver Services whether a reinstatement fee applies to your case when you call. Once all fees and requirements are satisfied, your license will be restored, and you can legally drive again.
Restricted licenses and hardship permits in Arkansas
Arkansas allows you to request a restricted license or hardship permit in some cases, even while your license is suspended. A restricted license permits you to drive only for specific purposes — typically work, school, medical appointments, or court-ordered programs like DUI education. You cannot use a restricted license for personal errands or social activities.
To request a restricted license, contact the Arkansas Department of Finance and Administration and ask whether your suspension qualifies. Not all suspensions allow restricted licenses — for example, suspensions for multiple DUI convictions may not. If you are may be able to access, you will need to complete an process and may need to provide documentation of your work schedule, school enrollment, or medical appointments. There is typically a fee of $50 to $100 for a restricted license. A restricted license does not lift your suspension; it straightforward allows limited driving during the suspension period.
What to do if you are arrested for driving on a suspended license
If you are pulled over and the officer discovers your license is suspended, you will likely be arrested and taken to the police station for booking. You will be given a citation or summons with a court date. Do not ignore this notice — failing to appear in court will result in an additional charge and a warrant for your arrest. Contact a criminal defense attorney as soon as possible, ideally before your court date.
At your first court appearance, you have the option to enter a plea or request a continuance to give yourself time to consult an attorney. Do not plead guilty without understanding the consequences, because a conviction will create a permanent criminal record and make future employment, housing, and insurance more difficult. An attorney can sometimes negotiate a reduced charge or explore whether the suspension was properly imposed. Even if you ultimately plead guilty, an attorney can advocate for reduced penalties or alternative sentencing.
Frequently Asked Questions
Can I get a restricted license while my license is suspended?
In some cases, yes. Arkansas allows restricted licenses for work, school, medical appointments, and court-ordered programs. Contact the Arkansas Department of Finance and Administration to determine whether your suspension qualifies. Not all suspensions allow restricted licenses, particularly those related to multiple DUI convictions.
What if I did not know my license was suspended?
Lack of knowledge is not a legal defense in Arkansas. The state assumes you are responsible for knowing your license status. However, if you can demonstrate that you took reasonable steps to stay informed and the suspension notice was not properly delivered, an attorney may be able to challenge the charge. This is rare and requires specific circumstances.
How long does a suspended license stay on my record?
The suspension itself is lifted once you resolve the underlying issue. However, a conviction for driving on a suspended license remains on your criminal record permanently. It will appear on background checks for employment, housing, and other purposes. Some convictions may be expunged after a certain period, but this requires a separate legal process.
Will my insurance rates increase if I am convicted?
Yes. A conviction for driving on a suspended license is a criminal offense, and insurance companies treat it as a serious violation. Your rates will increase significantly, and some insurers may drop you entirely. You may be forced to use high-risk insurance, which costs substantially more.
What if I cannot afford to pay fines or reinstatement fees?
Contact the court or the Arkansas Department of Finance and Administration and ask about payment plans. Many courts allow you to pay fines in installments over several months. If you are experiencing financial hardship, explain your situation to the court — some judges will reduce fines or waive reinstatement fees in cases of genuine hardship, though this is not may provide.