Driving On A Suspended Or Revoked License In Arkansas: Jail, Fines, And A Longer Suspension
Last updated on October 24, 2026
In Arkansas, driving on a suspended or revoked license is a criminal misdemeanor with a minimum jail term: two days under the general statute, and ten days when the suspension came from a DWI. A conviction can also extend the suspension, and it adds three points to your driving record.
At Wesley Rhodes, Attorney at Law, Little Rock criminal defense attorney Wesley Rhodes defends driving-while-suspended charges, along with the DWI, drug, or other case behind the suspension. He has practiced criminal defense since 2016 and serves Little Rock, Saline County, Faulkner County, and the surrounding areas.
Mandatory Jail
2 days to 6 months under the general statute; 10 to 90 days when the suspension came from a DWI.
A Longer Suspension
Under the general statute, a conviction extends a suspension by a like period and delays a new license after revocation by a year.
The Record Matters
The State has to prove your license was suspended or revoked on the date you drove. Driving records can be wrong.
The Penalties
Which statute applies depends on why your license was suspended:
| General § 27-16-303 |
DWI Suspension § 5-65-105 |
|
|---|---|---|
| Applies to | Suspensions, revocations, and cancellations under the driver’s license chapter, such as points, drug-conviction, and mandatory revocations | Suspensions and revocations under the DWI law |
| Offense | Misdemeanor | Unclassified misdemeanor |
| Jail | 2 days to 6 months, mandatory | 10 to 90 days, mandatory |
| Fine | Up to $500 | Up to $1,000 |
Ark. Code §§ 5-65-105, 27-16-303(a).
The general statute also lengthens the suspension. When Driver Services receives the conviction, it must extend a suspension by an additional like period. After a revocation, it can’t issue a new license until one year after you would otherwise have been eligible (Ark. Code § 27-16-303(b)). Every conviction for driving on a suspended or revoked license also carries three points. See the Arkansas point system.
Both offenses are misdemeanors. The charges that come with them can be more serious: a DWI, a hit and run, or reckless driving.
Defending The Charge
Was It Really Suspended?
The State has to prove your license was suspended, revoked, or canceled on the date you drove. A suspension may already have ended, a reinstatement may not have been entered, or the record may simply be wrong. Your certified driving record and reinstatement paperwork are the first things to check.
Notice
The general statute doesn’t say anything about notice. How and when you were told about the suspension, and where the notice was sent, are worth examining, especially when the suspension came from a court or a points total you didn’t know about.
The Stop
The charge begins with a stop or a crash. If the stop was unlawful, the evidence that followed can be suppressed. See probable cause in traffic stops and motions to suppress.
Fixing What Caused It
Resolving the underlying problem doesn’t erase a charge that’s already filed, but it stops the next one. A failure-to-appear suspension can be rescinded without a fee if you make arrangements to appear within 30 days of the order, and if you’re eligible for reinstatement, handle it now. Driving before reinstatement is still driving while suspended.
Ark. Code §§ 16-17-131, 27-16-303. See what happens if you miss your court date.
Driving Legally During A Suspension
The way to avoid this charge is a restricted license, and Arkansas offers several, depending on the suspension:
- Alcohol DWI, first through third offense within five years: an ignition interlock restricted license, issued immediately.
- First drug-based DWI: a hardship permit for work, school, treatment, and medical care if the suspension causes extreme hardship and you have no other adequate transportation.
- Drug conviction: the court may authorize a restricted permit for listed trips such as work, school, court, treatment, and medical care.
- Failure to appear or unpaid fines: a district court may authorize a restricted permit for court, work, school, childcare, treatment, medical appointments, and other necessary trips.
A restricted license has to be followed to the letter. If you hold an interlock license, violating the interlock laws gets it revoked and the full original suspension reimposed (Ark. Code § 5-65-118(d)). See license suspension representation and DWI license suspension.
Ark. Code §§ 5-65-104(a)(2), 5-65-118, 5-65-120, 16-13-708(a)(3), 27-16-915, 27-16-916.
Out-Of-State Suspensions And Convictions
Arkansas belongs to the Driver License Compact, so other member states report convictions to Arkansas, and Arkansas reports convictions to them. For a DWI, manslaughter or negligent homicide with a vehicle, a felony committed with a vehicle, or leaving the scene of a crash with injury or death, Arkansas gives an out-of-state conviction the same effect as an Arkansas one. For other convictions, it gives them whatever effect Arkansas law provides. So the suspension behind your charge may have started with a conviction in another state.
Ark. Code § 27-17-101, arts. III–IV.
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This page reflects Arkansas law as of October 2026. It is general information, not legal advice about your specific case.
