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In Arkansas, a DWI (Driving While Intoxicated) arrest doesn’t just mean facing criminal charges—it also sets off a completely separate process involving your driving privileges. That process takes place through the Arkansas Department of Finance and Administration (DFA), which handles all administrative license actions. Known as a DMV hearing, this is a civil—not criminal—proceeding that determines whether your driver’s license will be suspended, how long the suspension will last, and whether any restrictions will apply during that time.
Unlike the court case, which focuses on whether someone is guilty or not of a criminal offense, the DMV hearing only addresses one question: should the state take action against the person’s ability to drive based on the events surrounding the arrest? Even if a driver is found not guilty in court, they can still lose their license through the DFA process.
This post explains every part of how the DMV hearing process works after a DWI arrest in Arkansas. From deadlines and forms to hearing outcomes and license reinstatement, each section offers a clear look at what to expect and how the system operates.
What Is the Purpose of a DMV Hearing After a DWI?
The DMV hearing—also known as an administrative license suspension hearing—is meant to decide whether your driver’s license should be suspended following a DWI arrest. The purpose of this hearing is not to determine guilt or innocence of a crime, but to evaluate whether specific conditions were met during your arrest.
A DMV hearing generally reviews:
- Whether the arresting officer had reasonable grounds to believe you were driving while intoxicated
- Whether you submitted to a chemical test (or refused)
- Whether you failed that test based on Arkansas’s legal BAC limits
- Whether proper procedures were followed by law enforcement
The decision from this hearing only affects your driving privileges, not the outcome of your court case. It can result in your license being suspended even if your charges are later reduced or dismissed.
What Triggers the DMV Hearing Process?
The DMV hearing process is triggered in one of two situations after a DWI arrest:
1. You Failed a Chemical Test
If your blood alcohol concentration (BAC) was at or above the legal limit (0.08% for adult drivers, 0.02% for drivers under 21, and 0.04% for commercial drivers), the arresting officer will submit notice to the DFA to start the suspension process.
2. You Refused Chemical Testing
Under Arkansas’s Implied Consent Law, refusing to take a chemical test results in an automatic license suspension. Even if you’re not later convicted of DWI, the refusal itself is enough to trigger administrative penalties.
In both cases, the officer will issue:
- A Notice of Suspension/Revocation
- A Temporary Driving Permit (valid for 30 days)
The clock starts ticking the moment you receive this paperwork.
How to Request a DMV Hearing in Arkansas
To contest the license suspension, you must request a DMV hearing within seven (7) calendar days of receiving your Notice of Suspension/Revocation. This is a strict deadline. Missing it usually results in automatic suspension once your temporary permit expires.
Steps to Request a Hearing:
- Submit a written request to the DFA’s Office of Driver Services.
- Include your full name, driver’s license number, and contact details.
- Make sure the request is postmarked or received within 7 days of the notice.
- You may also include a request for a restricted license if eligible.
Once received, the DFA will schedule a hearing and notify you by mail. Hearings are often conducted by telephone but may also be held in person, depending on the county and the DFA’s discretion.
What Happens During the DMV Hearing?
The hearing itself is administrative, not criminal. It is conducted by a hearing officer, not a judge, and is more informal than a courtroom proceeding. However, the outcome has serious implications for your ability to drive.
Topics Reviewed at the Hearing:
- Did the officer have probable cause to stop you?
- Was the arrest legally justified?
- Was the chemical test administered properly?
- Did you refuse the test without legal cause?
- Were all procedures followed in accordance with state law?
Evidence May Include:
- Police reports
- Chemical test results
- Officer’s sworn affidavit
- Dashcam or body camera footage (if available)
You may present evidence, witnesses, or arguments. While legal representation is not required, some individuals choose to have an attorney present to handle the legal and procedural elements.
DMV Hearing Outcomes and What They Mean
Once the hearing concludes, the hearing officer will either sustain or rescind the suspension based on the evidence presented.
If Suspension Is Sustained:
Your driving privileges will be revoked or suspended for a set period based on the offense and your driving history.
If Suspension Is Overturned:
The DFA will restore your driving privileges. However, this does not impact your criminal case—you must still attend court and face any associated charges.
Standard Suspension Periods in Arkansas:
- First Offense (Failed Test): 6 months
- First Offense (Refusal): 180 days
- Second Offense: 24 months
- Third or More Offenses: Up to 30 months
If you refused testing, the penalties are generally harsher.
Can You Get a Restricted License?
Yes. Arkansas offers restricted driving privileges for many drivers during a suspension period. These privileges are often tied to the use of an ignition interlock device (IID), which must be installed on your vehicle before you can drive legally.
To Qualify for a Restricted License:
- Submit an application to the DFA
- Install a state-approved IID
- Enroll in or complete an alcohol education or treatment program
- Pay reinstatement and administrative fees
Restricted licenses typically allow driving for:
- Work or school
- Medical appointments
- Court-ordered programs
Failure to comply with IID rules or other conditions can result in the restricted license being revoked.
Reinstating Your License After Suspension
After serving the full suspension period, you’ll need to go through several steps to reinstate your regular license.
License Reinstatement Checklist:
- Complete alcohol education/treatment, if required
- Pay reinstatement fees to the DFA
- Show proof of SR-22 insurance (a high-risk insurance form)
- Maintain an IID, if still required
Your license is not automatically reinstated when the suspension period ends—you must actively complete each step to regain full driving privileges.
DMV Hearing vs. Criminal Court: Key Differences
It’s common to confuse the administrative and criminal processes following a DWI arrest. But they serve different purposes and operate independently.
| DMV Hearing | Criminal Court Case |
|---|---|
| Handled by DFA | Handled by criminal court |
| Focuses on driving privileges | Focuses on guilt and sentencing |
| Short deadlines (7 days to request) | Follows longer legal timeline |
| Lower standard of proof | Higher standard (beyond a reasonable doubt) |
| No jail time or fines | Can result in jail, fines, probation |
Winning one does not guarantee success in the other. You can keep your license but still be convicted, or lose your license but beat the charges in court.
FAQ Section
Do You Automatically Lose Your License After a DWI Arrest?
Not automatically. You’re issued a temporary license valid for 30 days. But unless you request a DMV hearing within 7 days, the suspension takes effect once that period ends.
Can You Have a Lawyer at the DMV Hearing?
Yes. While not required, many people bring legal representation to help argue their case, challenge evidence, and navigate procedural rules.
What If I Miss the 7-Day Deadline?
Missing the deadline generally means you waive your right to a hearing, and your license will be suspended automatically based on the officer’s report.
Can the DMV Hearing Help My Criminal Case?
Not directly. However, statements or procedural issues uncovered during the hearing may become relevant in court proceedings.
Can I Drive While Waiting for the Hearing?
Yes. The temporary permit issued at arrest is valid for 30 days, during which time you can legally drive unless the DFA decides otherwise before then.
Does a Not Guilty Verdict in Court Restore My License?
No. Criminal and administrative decisions are separate. Winning in court does not undo a prior administrative suspension unless an appeal is filed and granted.
Conclusion
In Arkansas, a DWI arrest puts your driving privileges in jeopardy through an entirely separate administrative system run by the Department of Finance and Administration. This DMV hearing is focused on whether you failed or refused a chemical test and whether the officer followed legal procedures—not whether you’re guilty of a crime.
To contest the suspension, a hearing must be requested within just seven days. From there, the outcome can affect your ability to drive for months or even years, depending on your history and the specifics of the case. Understanding this process—and how it differs from the court case—is key to making informed decisions after a DWI arrest.
To get a full overview of how DWI cases progress in Arkansas, visit DUI Process And Timeline. For a deeper breakdown of administrative consequences, see DMV Hearings and License Actions After a DUI Arrest.