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In Arkansas, being arrested for driving while intoxicated (DWI) triggers a series of legal consequences, and one of the first questions people ask is whether losing their license is automatic. The answer is yes—license suspension after a DWI arrest is automatic in Arkansas, regardless of whether the case has gone to court or resulted in a conviction. This immediate action is part of the state’s administrative process to enforce public safety while the legal case proceeds.
The Arkansas Department of Finance and Administration (DFA), through the Office of Driver Services (ODS), initiates the suspension process soon after a DWI arrest. This administrative suspension is separate from criminal charges and operates independently of the court system. Even if you’re found not guilty later, the suspension can still take effect unless it is successfully challenged during a limited appeal period.
This blog post breaks down how and when license suspension occurs after a DWI arrest in Arkansas, how the process differs from court-imposed penalties, and what options individuals have for delaying or contesting the suspension. It also explains what happens if you refuse a breath or blood test, how to request a hearing, and what steps to take if your license is suspended automatically.
When Does the License Suspension Begin After a DWI Arrest?
License suspension begins quickly after a DWI arrest in Arkansas. The arresting officer typically issues a Notice of Suspension or Revocation, which acts as both a temporary driver’s permit and a formal notice that your license will be suspended. This document explains that your license will be suspended 30 days from the date of arrest, unless you take action to request a hearing.
This 30-day window serves two purposes:
- It gives drivers time to prepare for their hearing (if requested)
- It allows the DFA to process the administrative case
If you do not request a hearing within 7 days, the suspension moves forward automatically. Even if you request a hearing, the suspension may still occur depending on the outcome of that hearing.
The key point here is that the license suspension process is initiated automatically as soon as the DWI arrest is recorded and the paperwork is submitted by the officer. There’s no need for a court conviction for the suspension to start.
Is This Administrative Suspension Separate From Criminal Penalties?
Yes. Arkansas law treats DWI license suspension as a civil administrative action, not a criminal punishment. That means it is handled by the Office of Driver Services—not the criminal court—and it can occur independently of what happens during your court case.
This separation means you could potentially:
- Have your license suspended even if you’re not convicted
- Win your court case but still lose your license
- Face suspension before your court date even happens
The logic behind this system is rooted in public safety. By allowing the state to remove driving privileges before a trial, Arkansas aims to reduce the risk of impaired drivers being on the road while their cases are pending.
It’s important to note that criminal penalties—like jail time, probation, and court-ordered license suspensions—are separate and may add additional suspension time after the administrative period ends.
What Happens If You Refuse a Chemical Test?
Refusing to take a breath, blood, or urine test when arrested for DWI in Arkansas results in automatic and often longer license suspension. Under the state’s implied consent law, drivers agree to submit to chemical testing as a condition of operating a motor vehicle. Refusing that test triggers an immediate suspension, regardless of whether DWI charges are later filed or proven in court.
Suspension durations for refusal are:
- First refusal: 180 days
- Second refusal: 2 years
- Third refusal: 3 years
Refusal suspensions are not eligible for a restricted or hardship license in most cases. That means you may not be able to drive at all during the suspension period, even for work or school.
In addition to license loss, refusing a chemical test may also hurt your criminal case, as prosecutors are allowed to use the refusal as evidence of impairment in court.
Can You Challenge an Automatic Suspension?
Yes, but you must act quickly. If you want to challenge an automatic DWI-related license suspension in Arkansas, you must request a hearing with the Office of Driver Services within 7 calendar days of receiving your suspension notice.
The hearing is typically conducted by phone or in person and focuses on a few key issues:
- Whether the officer had probable cause for the stop
- Whether you refused the test or failed the chemical test
- Whether proper procedures were followed during the arrest
If the hearing officer rules in your favor, the suspension may be reversed. If not, the suspension proceeds on schedule. If you don’t request a hearing within the 7-day window, you forfeit your right to contest the suspension.
It’s important to understand that this hearing is not part of the criminal trial. It is a separate administrative procedure focused strictly on driving privileges.
Can You Drive During the Suspension Period?
In many cases, yes—if you qualify for a restricted license. Arkansas allows some individuals with suspended licenses to apply for a restricted driving permit that lets them drive to work, school, or medical appointments. To qualify, you usually must:
- Install an ignition interlock device on your vehicle
- Maintain SR-22 insurance
- Comply with all state-required alcohol education programs
A restricted license is not available for all situations. For example, if your suspension resulted from a refusal to take a chemical test, you may not be eligible. Similarly, repeat offenders or those with prior suspensions may face longer waiting periods before applying.
The restricted license is closely monitored, and violating its conditions can result in further penalties, including total revocation of driving privileges.
What Happens After the Suspension Period Ends?
Once the suspension period ends, your license is not automatically reinstated. You must take specific steps to restore your driving privileges:
- Pay reinstatement fees (usually around $150)
- Provide proof of SR-22 insurance
- Show proof of completion of any required alcohol treatment or education programs
- Maintain an ignition interlock device, if required
These steps are overseen by the DFA and must be completed in full before you’re allowed to resume driving legally. If you were also convicted in criminal court, there may be additional reinstatement requirements, including longer suspension terms or mandatory court orders.
FAQ About Automatic DWI License Suspension in Arkansas
Q: Is my license suspended as soon as I’m arrested?
A: Not instantly, but the process starts immediately. Suspension typically takes effect 30 days after arrest unless contested.
Q: Can I stop the suspension by winning my court case?
A: No. The administrative suspension is separate and can occur even if you win in court.
Q: Do I have to go to court to fight the suspension?
A: No. You must request a hearing through the Office of Driver Services within 7 days.
Q: What if I didn’t receive a suspension notice?
A: The arresting officer usually provides the notice. If not, one may be mailed. Ignoring it doesn’t stop the suspension.
Q: Can I drive with the paper permit after arrest?
A: Yes, for 30 days or until your suspension begins—whichever comes first.
Q: Is a restricted license guaranteed?
A: No. It’s only available under certain conditions and not available for test refusals.
Q: Will my insurance know about the suspension?
A: Yes. SR-22 filing is typically required, and your insurer will be notified.
Conclusion
License suspension after a DWI arrest in Arkansas is automatic and administrative, beginning well before your court case concludes. Unless you act quickly to request a hearing, the suspension takes effect 30 days after arrest—even if you haven’t been convicted. Refusing a chemical test can trigger even harsher penalties, and reinstating your license later requires completing multiple steps.
To get the full picture of DWI consequences, read our complete guide to DWI penalties and consequences. If you’re specifically looking for details about license rules and driving restrictions, visit our post on license suspension and driving restrictions after a DWI.