Arkansas Makes Driving on Suspension a Criminal Offense

In Arkansas, driving with a suspended or revoked license is illegal and treated as a criminal matter, not just a traffic violation. The state statute that governs this is Arkansas Code Annotated § 27-16-601. If you operate a vehicle while your license is suspended or revoked, you face criminal charges, fines, jail time, and a longer suspension period — even if you were not speeding or causing an accident.

The key distinction is that Arkansas does not separate "driving with a suspended license" into minor and serious categories the way some states do. Every instance is prosecuted as a misdemeanor crime. This means a conviction goes on your criminal record, not just your driving record, and affects employment, housing, and insurance far beyond the when ready penalty.

Key Takeaways

  • Driving on a suspended or revoked license in Arkansas is a misdemeanor crime under § 27-16-601, not a traffic ticket.
  • First offense carries up to 30 days in jail and a fine of $100 to $500, plus an additional suspension period added to your existing one.
  • A second offense within five years increases the penalty to up to 90 days in jail and a fine of $250 to $1,000.
  • A third or subsequent offense within five years can result in up to one year in jail and a fine of $500 to $2,500.
  • You can request a limited license from the Arkansas Department of Finance and Administration to drive to work, school, or medical appointments while suspended.

Why Your License Gets Suspended in Arkansas

Arkansas suspends licenses for several reasons, and understanding which one applies to you matters because it affects how you get your license back. The most common cause is accumulating too many points on your driving record — Arkansas uses a point system where moving violations add points, and reaching 14 points in a 24-month period triggers a suspension.

Other suspension reasons include failing to pay traffic fines, failing to appear in court for a traffic citation, being convicted of a DUI or DWI, driving without insurance, or being ordered to surrender your license by a court. Some suspensions are administrative (handled by the Department of Finance and Administration) and others are court-ordered, which means you cannot straightforward pay a fee to get your license back — you have to satisfy the court's conditions first.

If you are unsure why your license was suspended, you can contact the Arkansas Department of Finance and Administration's Driver Services Division at 501-682-7060 or check your status online through their website. Knowing the reason is essential because it determines your path to reinstatement.

Criminal Penalties for a First Offense

A first conviction for driving on a suspended license in Arkansas carries a jail sentence of up to 30 days and a fine between $100 and $500. The judge has discretion within that range, so the actual penalty depends on the circumstances — whether you were involved in an accident, whether you were stopped for another violation, and your prior criminal history all factor in.

Beyond the when ready fine and jail time, the court will also extend your suspension period. Arkansas adds an additional suspension on top of your existing one, meaning if you were already suspended for six months, a conviction could add another three to six months. This creates a compounding problem: the longer you cannot drive legally, the harder it becomes to maintain employment or handle essential tasks.

Escalating Penalties for Second and Third Offenses

A second conviction within five years of the first increases the penalty significantly. You face up to 90 days in jail and a fine of $250 to $1,000. The five-year window is important — if your first conviction was more than five years ago, a new offense is treated as a first offense rather than a second.

A third or subsequent offense within five years carries the harshest penalty: up to one year in jail and a fine of $500 to $2,500. At this level, judges often impose jail time rather than just fines, and the additional suspension period can stretch to a year or longer. A conviction also affects your ability to obtain certain jobs, professional licenses, and housing, making the long-term consequences far more serious than the when ready penalties.

How to Request a Limited License While Suspended

Arkansas allows you to request a limited license (also called a restricted license) that permits you to drive for specific purposes even while your license is suspended. You can use a limited license to drive to and from work, school, medical appointments, or court-ordered programs like substance abuse treatment. The limited license does not cover pleasure driving, commuting to social activities, or any other purpose.

To request a limited license, you must contact the Arkansas Department of Finance and Administration's Driver Services Division or visit a local office in person. You will need to provide proof of your suspension, proof of employment or school enrollment (if applicable), and proof of insurance. The department will review your request and either approve or deny it based on whether your suspension reason allows for a limited license — for example, suspensions for unpaid fines may not may have access to, while suspensions for accumulating points typically do.

The limited license is not automatic. You have to request it, and approval can take several days to a few weeks. If your suspension is court-ordered, you may also need the court's permission before the department can issue a limited license.

What to Do If You Are Stopped While Suspended

If a police officer stops you and discovers your license is suspended, you will be cited for violating § 27-16-601. The officer may issue a citation requiring you to appear in court, or in some cases, may arrest you on the spot — this depends on the officer's judgment and whether you have prior convictions. Do not argue with the officer or attempt to drive away; this only creates additional charges.

After you receive the citation, you have the right to contest it in court. You can argue that you were unaware of the suspension (though this is a weak defense), that the suspension was issued in error, or that you had a valid limited license. You can also negotiate with the prosecutor for a reduced charge or penalty, especially if this is your first offense and you have since reinstated your license.

If you cannot afford an attorney, you can request a public defender at your first court appearance. Do not ignore the citation or fail to appear in court — this results in an additional charge and a warrant for your arrest.

How to Reinstate Your License After Suspension

Reinstatement depends on why your license was suspended. If it was suspended for accumulating points, you must wait out the suspension period (typically three to twelve months depending on the number of points) and then pay a reinstatement fee to the Arkansas Department of Finance and Administration. The current reinstatement fee is $100, though this can change.

If your suspension was for unpaid fines or failure to appear in court, you must resolve those issues first — pay the fines or appear in court — before you can reinstate. If your suspension was court-ordered (such as for a DUI conviction), you must satisfy all court conditions, which may include completing a substance abuse program or installing an ignition interlock device in your vehicle.

Once you have met all conditions, you can reinstate your license by visiting a local Driver Services office, mailing your reinstatement request with payment, or using the online portal on the Arkansas Department of Finance and Administration website. Bring or submit proof of insurance before reinstatement — Arkansas requires all drivers to carry liability insurance.

Frequently Asked Questions

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

Hardship or limited licenses are available for most suspension reasons, but suspensions specifically for unpaid fines are often excluded. You must first pay the outstanding fines or arrange a payment plan with the court. Once the fines are resolved, you can request a limited license for the remaining suspension period.

What happens if I get caught driving on a suspended license twice in one year?

Two convictions within one year means the second conviction is treated as a second offense within the five-year window, even though they occurred close together. You face 90 days in jail and a $250 to $1,000 fine, plus an extended suspension period. The penalties escalate quickly, so addressing the first suspension when ready is critical.

Does a conviction for driving on suspended license show up on background checks?

Yes. This is a misdemeanor conviction, not a traffic ticket, so it appears on criminal background checks used by employers, landlords, and licensing boards. It remains on your record permanently unless you pursue expungement through the courts, which requires meeting specific conditions and filing a petition.

Can I drive to the courthouse to handle my case if my license is suspended?

You should not rely on this assumption. Technically, driving to court for a hearing related to your suspension could be considered a limited purpose, but police can still stop you and cite you. Request a limited license in advance, or arrange alternative transportation. If you do drive and are stopped, inform the officer you are driving to a court appearance related to your suspension.

What if my employer requires me to drive for work but my license is suspended?

Request a limited license specifically for work purposes. You will need to provide proof of employment and your job description showing that driving is required. A limited license for employment is one of the most commonly approved reasons, but you must request it formally through the Department of Finance and Administration — your employer's need alone does not automatically grant you permission to drive.