Arkansas treats driving on a suspended license as a criminal offense, not a traffic violation
In Arkansas, operating a vehicle while your license is suspended is a crime, not straightforward a traffic ticket. 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 carries criminal penalties including jail time, fines, and a longer suspension period.
The severity of the charge depends on how many times you have been convicted of this offense before. A first offense is a misdemeanor. A second or subsequent offense within five years becomes a felony, which carries steeper penalties and a permanent criminal record that affects employment, housing, and professional licensing.
Arkansas law does not distinguish between knowingly driving on a suspended license and doing so by mistake. If your license status changed and you were not notified, or if you missed a notice, you are still liable. The burden is on you to verify your license status before driving.
Key Takeaways
- Driving on a suspended license in Arkansas is a criminal misdemeanor for a first offense, with potential jail time up to 90 days and fines up to $500.
- A second or subsequent offense within five years becomes a felony, carrying up to one year in jail and fines up to $2,500.
- Your license suspension will be extended by at least six months from the date of conviction, and you may face additional suspension time.
- You can check your license status through the Arkansas Department of Finance and Administration's online portal before driving.
- If you are stopped, you have the right to see the officer's reason for the stop and to request a copy of any citation issued.
How Arkansas suspends and revokes licenses
The Arkansas Department of Finance and Administration (DFA) suspends licenses for specific reasons: unpaid traffic fines, failure to appear in court, unpaid child support, medical conditions that make driving unsafe, or accumulation of traffic violations. The DFA sends notice by mail to the address on file with your license. If you have moved and did not update your address, you may not receive the notice.
Suspension periods vary. A suspension for unpaid fines may last until you pay. A suspension for traffic violations typically lasts 30 to 90 days, depending on the violation. A suspension for failure to appear in court lasts until you resolve the court case. Once the reason for suspension is resolved, you must request reinstatement from the DFA, which may require paying a reinstatement fee (typically $50 to $100).
Revocation is different and more serious. Revocation happens after a DUI conviction, multiple suspensions, or habitual traffic offender status. A revoked license cannot be reinstated; you must wait out the revocation period (often one to five years) and then reapply for a new license, including retaking the written and driving tests.
Criminal penalties for a first offense
A first conviction for driving on a suspended license in Arkansas is a Class B misdemeanor. The court may sentence you to up to 90 days in jail, a fine up to $500, or both. The judge has discretion and may impose probation instead of jail time, especially if this is your first criminal offense overall.
In addition to the criminal sentence, your license suspension is extended. Arkansas law requires a minimum six-month extension from the date of conviction. If your original suspension was for unpaid fines, the extension clock starts after you pay those fines and the court resolves the criminal case.
You may also be ordered to pay court costs and restitution if your driving caused damage or injury. If you cannot afford an attorney, you can request a public defender at your first court appearance.
Felony charges for repeat offenses
A second or subsequent conviction for driving on a suspended license within five years becomes a Class D felony. The maximum penalty is one year in jail and a fine up to $2,500. A felony conviction creates a permanent criminal record that appears on background checks for employment, housing, and professional licensing.
The five-year window is measured from the date of the first conviction, not the date of the first arrest. If you were convicted in 2020 and arrested again in 2024, the second arrest falls within the five-year window and triggers felony charges. If arrested in 2026, it would be treated as a first offense again.
Felony convictions also affect your ability to vote, serve on a jury, own firearms, and hold certain professional licenses. Some employers conduct background checks that reveal felony convictions even after probation ends.
What to do if you are stopped
If a police officer stops you and discovers your license is suspended, remain calm and polite. You have the right to ask why you were stopped and to request a copy of any citation. Do not admit to knowing your license was suspended, but do not lie to the officer either. Anything you say can be used against you in court.
The officer will likely issue a citation for driving on a suspended license. You will be given a court date. Do not miss this date. If you cannot afford to hire an attorney, request a public defender at your first appearance. Failure to appear in court results in an additional charge and a warrant for your arrest.
If the officer impounds your vehicle, you will need to pay towing and storage fees to retrieve it, even if the charges are later dismissed. Some impound lots charge $150 to $300 per day for storage.
How to check your license status before driving
The Arkansas DFA operates an online license status check at the DFA website. You will need your driver's license number and date of birth. The system shows whether your license is valid, suspended, or revoked, and the reason for any suspension. This check is free and takes less than a minute.
You can also call the DFA directly at their driver services line to confirm your status. If you discover your license is suspended, do not drive. Instead, contact the DFA to learn what action is required to lift the suspension (paying fines, resolving a court case, or providing medical clearance).
If you believe your license was suspended in error, you can request a hearing with the DFA. You must file the request within a set timeframe (usually 10 days from the suspension notice). Bring documentation showing the reason for the suspension was resolved or was issued incorrectly.
Options if you need to drive during a suspension
Arkansas offers a restricted license (also called a hardship license) in limited circumstances. You must show the court that driving is essential for work, school, medical treatment, or court-ordered obligations like child support. The restricted license allows you to drive only for those specific purposes and only during specified hours.
To request a restricted license, file a petition with the circuit court in your county. You will need to show proof of financial hardship and explain why public transportation or carpooling is not feasible. The judge decides whether to grant the petition. If approved, you pay a fee (typically $50 to $100) and receive a restricted license valid for a set period.
A restricted license does not erase the suspension. If you drive outside the permitted purposes or hours, you can still be charged with driving on a suspended license. The restricted license is a narrow exception, not a workaround.
How a conviction affects your insurance and future driving
A conviction for driving on a suspended license is reported to your insurance company. Your rates will increase, sometimes by 50% or more. Some insurers will not renew your policy at all, forcing you to seek coverage from a high-risk insurer at much higher cost.
The conviction stays on your driving record for three to five years in Arkansas, depending on the type of violation. Even after it ages off your record, it may still appear on background checks for employment or housing. A felony conviction is permanent and does not age off.
If you are convicted again for any traffic offense during the suspension period, the penalties compound. A second moving violation while suspended can result in habitual traffic offender status, which leads to license revocation for one to five years.
Frequently Asked Questions
Can I get my license reinstated when ready after paying fines?
No. If your suspension was for unpaid fines, paying the fines lifts the suspension, but you must then request reinstatement from the DFA. Reinstatement takes one to three business days after you pay the reinstatement fee. Do not drive until you receive confirmation that your license is active.
What if I did not receive notice that my license was suspended?
Arkansas law requires the DFA to mail notice to the address on file with your license. If you moved and did not update your address, you are still responsible for knowing your license status. You can check online or by phone at any time. Lack of notice is not a legal defense to driving on a suspended license.
Can I fight the suspension itself, or only the criminal charge?
You can request a hearing to challenge the suspension through the DFA administrative process, separate from the criminal case. You must file within 10 days of the suspension notice. However, if you are already charged criminally, fighting the suspension does not stop the criminal case. Consult an attorney about whether to pursue both.
Will a conviction for driving on a suspended license show up on a background check?
Yes. A misdemeanor conviction appears on background checks for seven years. A felony conviction is permanent. Employers, landlords, and licensing boards can see these convictions. Some employers have policies against hiring people with certain criminal records.
What happens if I am caught driving on a suspended license a second time?
A second conviction within five years is a felony, carrying up to one year in jail and fines up to $2,500. Your license suspension is extended again, and you will have a permanent felony record. The consequences are significantly more severe than a first offense.