What happens if you drive on a suspended license after a DUI
Driving on a suspended license in Arkansas after a DUI conviction is a separate criminal offense, and the penalties are serious. You face jail time, additional fines, and a longer license suspension than you already have. The state treats this as a willful violation — meaning the court assumes you knew your license was suspended and drove anyway — which makes the charge harder to defend.
Arkansas law distinguishes between driving with a suspended license and driving with a revoked license, and the consequences differ. A suspension is temporary; a revocation is permanent until you meet specific conditions. Either way, driving during that period creates a new criminal case on top of your original DUI.
Key Takeaways
- Driving on a suspended or revoked license after a DUI is a separate criminal charge in Arkansas, not just a traffic violation.
- A first offense of driving on a suspended license carries up to 90 days in jail and fines up to $250; a second offense within five years carries up to one year in jail and fines up to $500.
- Your license suspension length depends on whether it is your first DUI, whether you refused a breath test, and whether anyone was injured.
- You may be able to request a work permit or limited license that allows you to drive to work, school, or medical appointments during your suspension period.
- The Arkansas Department of Finance and Administration, Revenue Division handles license suspensions and reinstatement requirements.
How long your license stays suspended after a DUI
The length of your suspension depends on the circumstances of your DUI case. If you refused a breath or blood test, your license is suspended for one year by the Arkansas Department of Finance and Administration, separate from any court-ordered suspension. If you took the test and failed it, the administrative suspension is typically six months for a first offense.
On top of the administrative suspension, the court may order an additional suspension as part of your DUI sentence. For a first DUI conviction, the court can suspend your license for six months to three years. For a second DUI within ten years, the suspension can be one to five years. These suspensions run consecutively, meaning they stack on top of each other.
You cannot legally drive during any part of this suspension period, even with a valid reason. That is why understanding your options for a limited license matters.
Requesting a limited or work license
Arkansas allows you to request a limited license (also called a work permit or hardship license) that lets you drive for specific purposes during your suspension. You can drive to and from work, school, medical appointments, court-ordered treatment programs, or to meet with your attorney. You cannot use it for any other reason.
To request a limited license, you must file a petition with the court that handled your DUI case. You will need to show that the suspension causes genuine hardship — typically meaning you have no other way to get to work or school. The court has discretion to grant or deny your request. If granted, you receive a limited license that is valid only for the purposes the court specifies.
Some people also pursue a interlock device license, which requires you to install an ignition interlock device in your vehicle. This device requires you to blow into a breathalyzer before the car will start. If you install one, you may be able to drive more freely during your suspension, though you still cannot drive for pleasure or entertainment.
Penalties for driving on a suspended license after a DUI
A first offense of driving on a suspended license in Arkansas is a Class B misdemeanor. You face up to 90 days in jail, a fine up to $250, or both. The court may also extend your license suspension by an additional period.
A second offense within five years is a Class A misdemeanor, which carries up to one year in jail and fines up to $500. A third or subsequent offense within five years is a Class D felony, punishable by up to six years in prison and fines up to $2,500.
These penalties stack on top of your original DUI sentence. You are not serving the time consecutively in most cases, but the new charge creates a separate case with its own sentencing. A conviction also adds points to your driving record and can affect your ability to get car insurance.
How the state proves you knew your license was suspended
Arkansas law requires the state to prove you knowingly drove on a suspended license. This means they must show you knew your license was suspended, not just that it was. However, the law presumes you knew if you received notice from the Department of Finance and Administration or the court.
Notice is typically sent by mail to the address on your driver's license. If you moved and did not update your address, you may not have received the notice, but the state can still argue you should have known. This is one reason why updating your address with the DMV when ready after any change is important — it creates a record that you received notices.
If you can show you did not receive notice and had no other way to know your license was suspended, you may have a defense. This is rare, but it is possible. An attorney can review whether the state followed proper notice procedures in your case.
Steps to get your license reinstated after suspension ends
When your suspension period ends, your license does not automatically come back. You must take action to reinstate it. First, contact the Arkansas Department of Finance and Administration, Revenue Division to confirm your suspension has ended and to learn what steps you need to take.
You will typically need to pay a reinstatement fee, which varies depending on the reason for your suspension. For a DUI-related suspension, the fee is usually between $100 and $200. You may also need to provide proof that you completed any court-ordered programs, such as a DUI education course or substance abuse treatment.
Once you have paid the fee and met all requirements, you can renew your license in person at a local DMV office. Bring your current ID, proof of residency, and proof of insurance. Your new license will be issued on the spot if everything is in order.
What to do if you are stopped while driving on a suspended license
If a police officer stops you and discovers your license is suspended, do not lie or argue. Politely tell the officer you are aware your license is suspended and provide your limited license if you have one. If you do not have a limited license, the officer will likely issue you a citation for driving on a suspended license.
Do not admit to knowing your license was suspended unless you are certain. You can say, "I was not aware my license was suspended," and then remain silent. Anything you say can be used against you in court. Ask for the officer's name and badge number, and ask whether you are free to leave or if you are being detained.
Contact an attorney as soon as possible after the stop. An attorney can review the stop, the citation, and the evidence the state has that you knew your license was suspended. In some cases, there are defenses available.
Frequently Asked Questions
Can I get a limited license while my DUI case is still pending?
No. You can only request a limited license after you have been convicted or after the administrative suspension has taken effect. If your case is still in court, you must wait until there is a conviction or until the Department of Finance and Administration issues the administrative suspension.
What is the difference between a suspended and revoked license?
A suspended license is temporary and will be restored once you meet the requirements and pay the reinstatement fee. A revoked license is permanent and can only be restored by petitioning the court or the Department of Finance and Administration, usually after a waiting period of several years. Revocation is typically imposed for multiple DUIs or serious violations.
Do I have to install an ignition interlock device?
It depends on your sentence. Arkansas courts can order an interlock device as a condition of your DUI sentence, or you can choose to install one voluntarily to earn a limited license. If the court orders it, you must install it. If you choose it voluntarily, you can remove it once your suspension ends, but you must pay for installation and monthly monitoring fees.
Will a second driving-on-suspended charge affect my DUI case?
Yes. A second charge creates a separate case, but it can influence how a judge views your original DUI case during sentencing. It shows a pattern of disregarding the law and can result in harsher penalties on both cases. It also makes it harder to negotiate a plea deal on your original DUI.
How much does it cost to reinstate my license?
The reinstatement fee for a DUI-related suspension in Arkansas ranges from $100 to $200, depending on the specific circumstances. You may also owe fees for any court-ordered programs you did not complete. Contact the Arkansas Department of Finance and Administration, Revenue Division at (501) 682-7060 to confirm the exact amount owed before you go to the DMV.