Driving on a suspended license in Arkansas is a criminal offense that carries jail time, fines, and a longer suspension
Arkansas law treats driving with a suspended or revoked license as a separate crime from whatever caused the suspension in the first place. If a police officer stops you and your license is suspended, you face arrest, criminal charges, and penalties that stack on top of your original suspension. The offense is classified as a misdemeanor, and the consequences depend on how many times you have been convicted of the same offense.
The state does not distinguish between "accidentally" driving on a suspended license and knowingly doing so — the law focuses on the fact that you drove. Your insurance will not cover any accident you cause while driving suspended, and you will be personally liable for all damages. Even a minor traffic stop can result in your vehicle being impounded.
Key Takeaways
- A first offense of driving on a suspended license in Arkansas is a misdemeanor punishable by up to 90 days in jail and a fine of $100 to $500.
- A second offense within five years carries up to six months in jail and a fine of $250 to $1,000, plus an additional one-year license suspension.
- A third or subsequent offense within five years is punishable by up to one year in jail and a fine of $500 to $2,500, plus an additional two-year suspension.
- Your vehicle may be impounded when ready, and you will be responsible for towing and storage fees even if you are not convicted.
- You can request a limited driving permit from the Arkansas Department of Finance and Administration if you meet certain conditions, such as driving to work or medical appointments.
Criminal penalties for a first offense
A first conviction for driving on a suspended license in Arkansas results in a misdemeanor charge. You face up to 90 days in jail, a fine between $100 and $500, or both. The court has discretion in sentencing, so the actual penalty depends on the judge, the reason your license was suspended, and your driving history.
If you are arrested, you will be taken into custody and booked. You may be released on your own recognizance or required to post bail. A criminal record for this offense will appear on background checks and can affect employment, housing, and professional licensing.
Escalating penalties for repeat offenses
A second conviction within five years of the first is treated more severely. You face up to six months in jail, a fine of $250 to $1,000, and an automatic additional one-year suspension on top of your existing suspension. This means your license will remain suspended longer than it would have if you had straightforward waited out the original suspension period.
A third or subsequent conviction within five years carries up to one year in jail, a fine of $500 to $2,500, and an additional two-year suspension. At this level, the court may also order you to complete a driver improvement course or substance abuse treatment, depending on the circumstances of your case.
Vehicle impoundment and storage costs
When you are stopped while driving on a suspended license, Arkansas law allows police to impound your vehicle when ready. The vehicle is towed to an impound lot, and you are responsible for all towing and storage fees — typically $150 to $300 for towing plus $20 to $50 per day for storage. These fees accumulate quickly and must be paid before you can retrieve your vehicle, even if you are not convicted of the offense.
If the vehicle is impounded a second time within one year for the same offense, Arkansas law requires a mandatory 30-day hold before you can retrieve it. This means you cannot get your car back even if you pay the fees when ready.
How to request a limited driving permit
Arkansas allows drivers with suspended licenses to request a limited driving permit in certain situations. This permit lets you drive to work, school, medical appointments, or court-ordered programs, but nowhere else. To request one, you must contact the Arkansas Department of Finance and Administration, Driver Services Division, or visit a local driver services office in person.
You will need to provide proof of financial responsibility (an SR-22 form if your suspension was due to an accident or insurance lapse), proof of employment or enrollment, and documentation of the reason for your limited driving need. The department charges a fee for issuing the permit, typically $25 to $50. A limited permit does not reduce your suspension period — it straightforward allows restricted driving during the suspension.
If your suspension was due to unpaid traffic fines or child support, you may not be may be able to access for a limited permit until those obligations are addressed. If your suspension was due to a DWI conviction, you are not may be able to access for a limited permit at all during the suspension period.
Why your license was suspended in the first place
Understanding the reason for your suspension is important because it affects your options. Arkansas suspends licenses for multiple reasons: unpaid traffic fines, failure to appear in court, accumulation of points from traffic violations, DWI convictions, failure to maintain insurance, or failure to pay child support. Each reason has different reinstatement requirements.
If your suspension was due to unpaid fines or child support, you must pay those obligations before your license can be reinstated. If it was due to points, you must wait out the suspension period and then pay a reinstatement fee. If it was due to a DWI, you must complete a substance abuse program and install an ignition interlock device before reinstatement is possible. Driving while suspended does not resolve the underlying issue — it only adds criminal charges on top of it.
Insurance and liability after a suspended-license accident
If you cause an accident while driving on a suspended license, your insurance company will likely deny your claim. Most policies include exclusions for driving while suspended or revoked. This means you are personally liable for all damages to other vehicles, property, and injuries — potentially tens of thousands of dollars.
The other driver can sue you directly, and a judgment against you can result in wage garnishment, bank account levies, and a lien on your property. Additionally, you will face both the criminal charges for driving suspended and civil liability for the accident. This combination can have severe financial and legal consequences that last for years.
Steps to get your license reinstated
Reinstatement requirements vary depending on why your license was suspended. First, contact the Arkansas Department of Finance and Administration to confirm the reason for your suspension and what you must do to resolve it. You can call their driver services line or visit a local office.
If fines are owed, pay them in full. If child support is owed, contact the Arkansas Department of Human Services to arrange payment or a payment plan. If your suspension was due to points, wait out the suspension period. If it was due to a DWI, complete the required substance abuse program and install an ignition interlock device. Once all requirements are met, you must pay a reinstatement fee — typically $100 to $150 — and pass a vision test. Your license will then be reinstated.
Frequently Asked Questions
Can I get a limited driving permit if my license was suspended for a DWI?
No. Arkansas law does not allow limited driving permits for drivers whose licenses were suspended due to DWI convictions. You must wait out the full suspension period, complete a substance abuse program, and install an ignition interlock device before your license can be reinstated.
What happens if I am caught driving suspended a second time?
A second conviction within five years results in up to six months in jail, a fine of $250 to $1,000, and an automatic additional one-year suspension. If your vehicle is impounded a second time within one year, you must wait 30 days before you can retrieve it, even after paying all fees.
Will my insurance cover an accident if I was driving on a suspended license?
No. Most insurance policies exclude coverage for accidents that occur while the driver is operating the vehicle with a suspended or revoked license. You will be personally liable for all damages, and the other driver can sue you directly.
How long does a suspended license stay on my driving record?
The suspension itself remains on your record for the duration of the suspension period. A criminal conviction for driving suspended stays on your record permanently, though it may be may be able to access for expungement after a certain period depending on the circumstances.
Can I drive to the DMV to get my license reinstated?
No. Driving to the DMV while your license is suspended is still a violation of the law. You must arrange alternative transportation, have someone else drive you, or contact the DMV about handling your reinstatement by mail if possible.