Driving on a suspended license in Arkansas is a criminal offense with escalating penalties based on how many times you have done it

Arkansas law treats driving with a suspended license as a separate crime from whatever caused the suspension in the first place. The state distinguishes between a suspended license (temporary removal, usually for unpaid fines or traffic violations) and a revoked license (permanent removal, typically for serious offenses like DUI). Driving on either one is illegal, but the penalties differ based on whether it is your first offense and whether you knew the license was suspended.

The Arkansas Department of Finance and Administration maintains the list of suspended and revoked drivers. When you receive a notice of suspension, it specifies the reason and the date it takes effect. Driving after that date — even if you did not receive the notice in person — is a violation. The state does not require you to have received formal notice to be guilty; constructive notice (the suspension is on record) is enough.

Key Takeaways

  • A first offense of driving on a suspended license in Arkansas is a Class B misdemeanor, punishable by up to 90 days in jail and a fine up to $500.
  • A second offense within five years is a Class A misdemeanor, with up to one year in jail and a fine up to $1,000, plus mandatory jail time of at least 10 days.
  • A third or subsequent offense within five years is a felony, carrying up to six years in prison and a fine up to $2,500.
  • You can request a work permit (hardship license) from the Arkansas Department of Finance and Administration if suspension is causing severe hardship, though approval is not may provide.
  • The suspension period varies by reason — unpaid traffic fines may suspend your license for 30 days or more, while certain violations can result in longer suspensions.

Penalties for a first offense

A first conviction for driving on a suspended license in Arkansas is classified as a Class B misdemeanor. The maximum penalty is 90 days in jail, a fine of up to $500, or both. In practice, many first-time offenders receive a fine without jail time, but a judge has discretion to impose either or both penalties.

The court will also consider whether you knew the license was suspended. If you can show you did not receive notice and had no reason to know, the judge may reduce the penalty. However, this defense is difficult to prove because Arkansas law presumes you knew once the suspension was recorded with the Department of Finance and Administration.

Penalties for repeat offenses within five years

A second offense within five years of the first conviction becomes a Class A misdemeanor. The maximum penalty is one year in jail and a fine up to $1,000. More importantly, Arkansas law mandates a minimum of 10 days in jail for a second offense — the judge cannot suspend this jail time or reduce it to probation alone.

A third or subsequent offense within five years is charged as a felony. The maximum penalty is six years in prison and a fine up to $2,500. A felony conviction has long-term consequences beyond the sentence itself: it affects employment, housing, and professional licensing. The five-year window means that if your first offense was more than five years ago, a new violation resets the clock and is treated as a first offense again.

How suspension happens and how long it lasts

Arkansas suspends licenses for many reasons. The most common are unpaid traffic fines, failure to pay child support, failure to appear in court, DUI convictions, and accumulation of points from traffic violations. The suspension period depends on the reason:

  • Unpaid traffic fines: typically 30 days or until the fine is paid, whichever is longer
  • Failure to appear: suspension continues until you appear in court and resolve the case
  • Child support arrears: suspension continues until the debt is paid or a payment plan is established
  • Point accumulation: 30 days for a first suspension, 60 days for a second within three years, one year for a third within three years
  • DUI conviction: minimum six months for a first offense, one year for a second within five years, two years for a third within five years

You can check your suspension status through the Arkansas Department of Finance and Administration website or by calling their driver services division. Knowing the reason for suspension is important because it determines how to get the suspension lifted — paying a fine, appearing in court, or completing a DUI program.

Requesting a work permit or hardship license

Arkansas allows drivers with suspended licenses to request a work permit (also called a hardship license or restricted license) if the suspension is causing severe hardship. You must file a petition with the circuit court in the county where you live. The petition must explain why you need to drive — typically for employment, medical care, or court-ordered obligations like child support or community service.

The court will consider whether you have reliable transportation alternatives, whether your job is in jeopardy, and whether granting the permit serves the interests of justice. Approval is not automatic. If the suspension was for a DUI, the court may require you to install an ignition interlock device on your vehicle before issuing a work permit. The work permit is limited to specific routes and times — usually to and from work, medical appointments, or court appearances.

The cost of filing a petition varies by county but typically ranges from $50 to $150 in court fees. You may also need to pay for an ignition interlock installation if required, which costs between $100 and $300 initially, plus monthly monitoring fees of $50 to $100.

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, you will be cited for driving on a suspended license. The officer will likely impound your vehicle or have it towed, depending on department policy. You should not admit to knowing the license was suspended — straightforward provide your license and registration and remain polite.

After the stop, contact an attorney as soon as possible. Many traffic attorneys in Arkansas offer free consultations and can review whether the suspension was properly recorded, whether you received adequate notice, and whether there are defenses available. Some suspensions are lifted before the court date, which can result in the charge being dismissed.

Do not ignore the citation or fail to appear in court. A failure to appear will result in an additional charge, a warrant for your arrest, and further suspension of your license. If you cannot afford an attorney, you can request a public defender at your first court appearance.

How to lift a suspension and restore your license

The steps to restore your license depend on why it was suspended. For unpaid fines, you must pay the full amount or arrange a payment plan with the court. For failure to appear, you must appear in court and resolve the underlying case. For child support arrears, you must contact the Arkansas Department of Human Services to establish a payment plan or bring the account current.

For DUI suspensions, you must complete a substance abuse evaluation and any required treatment program, pay reinstatement fees (typically $150 to $300), and sometimes install an ignition interlock device. For point-based suspensions, you straightforward wait out the suspension period and then request reinstatement from the Department of Finance and Administration.

Once you have satisfied the conditions for lifting the suspension, contact the Department of Finance and Administration to confirm the suspension has been removed from your record. You can then renew or replace your license at any driver services office. Bring proof that you have satisfied the conditions — a receipt for paid fines, a court order, or a letter from the child support office.

Frequently Asked Questions

Can I get a ticket for driving on a suspended license if I did not know it was suspended?

Yes. Arkansas law presumes you knew once the suspension was recorded with the state, even if you did not receive personal notice. However, if you can show you had no reasonable way to know — for example, if you moved and did not receive mail — you may have a defense. This is difficult to prove and requires an attorney to present effectively in court.

Will a work permit let me drive anywhere I want?

No. A work permit is restricted to specific purposes and routes — typically to and from work, medical appointments, or court-ordered obligations. Driving outside those restrictions is a violation and can result in additional charges. The permit will specify the allowed times and locations.

How long does a suspension stay on my record?

The suspension itself is removed once you satisfy the conditions for lifting it. However, the conviction for driving on a suspended license remains on your criminal record permanently unless you later have it expunged. Expungement is possible for some misdemeanors but requires a separate petition to the court, usually filed at least five years after conviction.

What happens if I get a second offense while my license is still suspended from the first?

You will be charged with a second offense, which is a Class A misdemeanor with a mandatory minimum of 10 days in jail. The charges are separate, so you could face penalties for both violations. The five-year window for determining whether offenses are "repeat" offenses starts from the date of the first conviction, not the date of the first stop.

Can I drive in another state if my Arkansas license is suspended?

No. An Arkansas suspension is recognized by other states through the Interstate Compact on Driving Safety. If you are stopped in another state while your Arkansas license is suspended, you can be cited under that state's laws for driving with a suspended license. You should not attempt to drive out of state to avoid the suspension.