Being arrested for DWI is serious on its own. If your driver’s license was already suspended when you were stopped, you may also face a separate charge for Driving on a Suspended License. Although these offenses often arise from the same traffic stop, they are independent violations that carry different penalties and legal requirements.
At Ludwig Law Firm, we prepare every case as if it’s going to trial. That preparation often uncovers weaknesses in the prosecution’sevidence and helps us build the strongest possible defense.
Why Would Someone Face Both Charges?
There are many reasons a driver’s license may already be suspended before a DWI arrest.
Common examples include:
- A prior DWI suspension
- Unpaid traffic tickets
- Failure to appear in court
- Failure to maintain insurance
- Accumulating too many points on a driving record
If an officer discovers that a driver’s license is suspended during a lawful traffic stop, the driver may receive an additional citation while the DWI investigation continues.
Does Driving on a Suspended License Prove DWI?
No. Driving while your license is suspended does not establish intoxication. Likewise, a DWI charge does not automatically prove the driver knew the license was suspended.
Each offense contains different legal elements.
The State must prove the DWI charge under Arkansas’s impaired driving laws while separately proving the elements of driving on a suspended license.
Can the Suspended License Impact A DWI Case?
Although the suspended license itself does not establish impairment, it can complicate the overall case.
Depending on the circumstances, a conviction for driving while suspended may result in:
- Additional fines
- Additional court costs
- Possible jail time
- Further restrictions on driving privileges
- Delays in license reinstatement
If the suspension already resulted from a prior DWI, additional consequences may also apply under Arkansas law.
Common Defense Issues
Every case deserves a careful review. An experienced defense attorney may examine:
- Whether the officer lawfully stopped the vehicle.
- Whether the suspension was valid at the time of the stop.
- Whether the driver received proper notice of the suspension.
- Whether the DWI investigation complied with Arkansas law.
- Whether field sobriety or chemical testing was properly conducted.
- Whether prosecutors can prove every element of each offense.
Because the charges are separate, evidence affecting one charge does not automatically determine the outcome of the other.
What Happens If You’re Convicted of Both?
Each charge carries its own penalties. A DWI conviction may result in fines, jail, driver’s license suspension, ignition interlock requirements, and alcohol education or treatment. Driving on a suspended license carries separate penalties and may further delay the restoration of driving privileges.
Every Charge Should Be Evaluated Separately
Receiving a DWI while your license is suspended does not automatically mean the State has an unbeatable case. Every citation has unique legal elements, and every piece of evidence deserves careful examination.
We prep every case like it’s going to trial, even traffic violations.
As part of our commitment to defending clients throughout Arkansas, we also frequently work alongside thoughtful firms like Warden Law Firm. When a client benefits from both meticulous preparation and courtroom firepower, that collaboration provides the full spectrum of criminal defense available in Arkansas. Readers interested in another perspective can also review Harry Warden’s comprehensive guide to Arkansas DWI laws.
Frequently Asked Questions
Can I be charged with DWI if my license was already suspended?
Yes. The status of your driver’s license does not prevent a DWI arrest.
Will driving on a suspended license increase my DWI penalties?
The offenses are generally separate, but a suspended license may create additionallegal consequences depending on why it was suspended.
Can I be convicted of one charge but not the other?
Yes. Prosecutors must prove each offense independently.
Can my suspended license affect when I can drive again?
Yes. Depending on the circumstances, additional suspensions or delays in reinstatement may apply.
Multiple Charges Don’t Mean the Outcome Is Decided
A DWI arrest involving a suspended license creates additional legal issues, but every allegation must still be proven in court. Early investigation and careful preparation can make a significant difference in the outcome of your case.
At Ludwig Law Firm, We Simply Win by preparing every case thoroughly from day one.
Ludwig Law Firm
Phone: 501-868-7500
Website: ludwiglawfirm.com
Serving clients throughout Arkansas.
Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.