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DWI License Suspension Lawyer

What Happens to Your Driver’s License After a DWI Arrest? 

First, the arresting officer will seize your license. Then, the officer will give you two pink or blue pieces of paper. The title on the papers will read: Request for Administrative Hearing to Contest Suspension, Revocation or Disqualification of Driving Privilege or Request Restricted Driving Permit. One copy of the form allows you to contest the suspension of your license. The other serves as your temporary driver’s license for 30 days. Here’s what to do with both before the seven-day deadline.  

What Must You Do Within Seven Calendar Days of Your DWI Arrest? 

Keep one copy of the Request for Administrative Hearing to Contest Suspension, Revocation or Disqualification of Driving Privilege or Request Restricted Driving Permit for yourself – that serves as your temporary license for thirty days. Do not lose it. The other copy MUST be properly filled out and submitted to the Arkansas Department of Finance and Administration’s Office of Driver Control in Little Rock, Arkansas within seven (7) days of your arrest (Ark. Code Ann. § 5-65-402). If they receive the request, the hearing to contest the suspension must be scheduled within 20 days of the arrest. 

Remember, an Arkansas DWI or DUI arrest starts two separate proceedings: a criminal case in court and an administrative driver’s-license case through the Arkansas Office of Driver Services. This seven-day deadline and pink slip business is a part of the administrative process. That deadline is in Arkansas law, so there is never getting around it. 

Do not wait for your first court date to submit. If there were any procedural mistakes made during the arrest, a DWI attorney may be able to provide counsel during the administrative hearing and successfully reverse the suspension. This result is not guaranteed and will depend on the facts of the case. However, our law firm has successfully reversed DWI license suspensions in these hearings for our clients in Little Rock and beyond Arkansas.  

What Does The DWI Administrative Hearing Look Like? 

The Office of Driver Services controls the administrative suspension, revocation, or restriction of your Arkansas driving privileges. The administrative hearing may address whether the officer had reasonable grounds to believe that you operated or controlled a vehicle while intoxicated, exceeded the applicable BAC limit, or refused a qualifying chemical test. The hearing may be conducted at an appropriate Revenue Office or, by agreement, through a telephone conference. 

A result in the administrative hearing does not determine guilt in the criminal case. However, an acquittal or dismissal of the underlying criminal charge can reverse the related administrative suspension and permit reinstatement without the ordinary reinstatement cost. See Ark. Code Ann. § 5-65-402(d). 

Can I Still Drive If My License Is Suspended In The Hearing? 

Yes! You just have to install an ignition interlock device in your vehicle. Arkansas law provides the opportunity for first and second time DWI offenders to install an ignition interlock device in your car and obtain an ignition interlock suspended license from the office of driver control, which allows them to drive until their suspension period is up. 

FAQs 

Is Your License Suspended Immediately After a DWI Arrest? 

The officer normally takes the physical license immediately, but that does not necessarily mean you immediately lose all driving privileges. If the seized license appeared valid and unexpired, the dated receipt generally authorizes driving for up to 30 days, with the suspension taking effect after that period. And even after suspension takes effect, the State offers defendants the ability to install an ignition interlock in their car and obtain an ignition interlock suspended license, allowing them to continue to drive to and from work.  

Requesting a hearing does not automatically stop the suspension. If the Office of Driver Services cannot conduct the hearing within the statutory period, it may issue a temporary permit that remains valid until the hearing (Ark. Code Ann. § 5-65-402(a)(2)(D)(ii)). (Fact Checked by Ludwig Editorial Team). 

Read every document carefully. A suspended, expired, revoked, or otherwise invalid license may be treated differently.  

How Long Is Your License Suspended for a DWI in Arkansas? 

For an Arkansas DWI involving alcohol or an alleged BAC of 0.08 or higher, the administrative periods are generally: 

  • First DWI — Six-Month Suspension
  • Second DWI Within Five Years — Twenty-Four-Month Suspension
  • Third DWI Within Five Years — Thirty-Month Suspension 
  • Fourth Or Subsequent DWI Within Five Years — Four-Year Revocation With No Restricted Permit 

These periods come from Ark. Code Ann. § 5-65-104 (Fact Checked by Ludwig Editorial Team). Previous convictions and qualifying administrative suspensions may affect which period applies.  

Will My License Be Suspended for a First-Time DUI? 

Arkansas uses “DUI” as the formal name for its underage offense, although many people use DUI and DWI interchangeably. For a driver under 21, the license consequences are generally: 

  • First Underage DUI — Ninety-Day Suspension 
  • Second Underage DUI While Under 21 — One-Year Suspension 
  • Third Or Subsequent Underage DUI — Revocation Until Age 21 Or For Three Years, Whichever Is Longer 

See Ark. Code Ann. § 5-65-304 (Fact Checked by Ludwig Editorial Team). 

An underage driver may face the general DWI suspension instead when the allegations support a DWI charge, including an alcohol concentration of 0.08 or higher. 

What If You Refused a Breath, Saliva, or Urine Test? 

Refusal is a separate administrative and legal issue. For an adult driver, Arkansas generally imposes: 

  • First Refusal — 180-Day Suspension 
  • Second Refusal — Two-Year Suspension 
  • Third Refusal — Three-Year Revocation 
  • Fourth Refusal — Lifetime Revocation 

See Ark. Code Ann. § 5-65-205. Different rules may apply to underage drivers and commercial driving privileges (Fact Checked by Ludwig Editorial Team). 

Can You Drive During the Suspension? 

For many alcohol-related DWI suspensions, an ignition-interlock restricted license is available immediately if approved by the Office of Driver Services (which it nearly always is). The driver must install and maintain a certified ignition-interlock device and satisfy the applicable requirements. There are several ignition interlock providers, but we partner with Smart Start to offer you a discount on your monthly lease.  

Drug-related DWI cases are treated differently. An ignition-interlock device does not test for drugs, so a person with an eligible drug-related suspension may instead seek a restricted driving permit based on extreme and unusual hardship. These permits may authorize limited driving for work, school, approved treatment or education, and certain medical needs. 5-65-120 also stipulates that restricted driving permits may not be issued for those who have refused a chemical test or been charged with a DWI/DUI a second or subsequent time within 5 years of the first offense.  

Eligibility depends on the type of allegation, prior history, test refusal, and other facts. A license-suspension attorney can determine which option, if any, applies to your situation.

What Happens If You Live Outside Arkansas? 

Arkansas may suspend your privilege to drive within Arkansas even if another state issued your license. The Arkansas Office of Driver Services must also notify the state that issued the license. This could result in a license suspension hearing in both states!

Arkansas does not control whether the home state will impose an additional suspension. That decision depends on the other state’s laws, interstate reporting rules, and the driver’s record. An out-of-state driver should consult counsel about consequences in both jurisdictions rather than assuming the Arkansas action will remain in Arkansas. 

Does a DWI Add Points to Your Arkansas License? 

Arkansas ordinarily handles a DWI through a direct administrative suspension or revocation rather than relying on the normal accumulation of moving-violation points. A DWI can still appear on the driving record and create serious licensing, insurance, employment, and commercial-driving consequences even when the central penalty is a direct suspension rather than ordinary points. 

Related traffic convictions arising from the same incident may be assessed separately under the Arkansas point system. 

How Do You Reinstate Your License After a DWI Suspension? 

Completing the suspension period does not automatically restore your driving privilege. Unless the underlying charge is dismissed or you are acquitted, reinstatement commonly requires: 

  1. Completing an approved alcohol education or treatment program (Ark. Code Ann. § 5-65-115); 
  2. Completing an approved victim impact panel when required (Ark. Code Ann. § 5-65-121).; 
  3. Satisfying applicable ignition-interlock requirements (Ark. Code Ann. §5-65-118(b)(5)(B)) 
  4. Paying the required reinstatement fee; and 
  5. Applying for reinstatement through the Office of Driver Services. 

Arkansas currently imposes a $150 reinstatement fee for each qualifying DWI or refusal occurrence under Ark. Code Ann. § 5-65-119. Other fees or requirements may also apply. 

(Fact Checked By Ludwig Editorial Team) 

Speak With an Arkansas License-Suspension Attorney Before the Deadline 

A DWI arrest can affect your ability to work, attend school, care for your family, and meet daily obligations. The seven-day hearing deadline passes long before most people have their first meaningful court appearance. 

Have you caught a DWI in Arkansas? Are you concerned about losing your drivers license? Contact our office immediately if you received a pink slip, temporary permit, suspension notice, or refusal paperwork. Bring every document from the arrest so we can identify the applicable deadline, evaluate your eligibility for restricted driving, and begin protecting both your license and your criminal case. 

Contact our office to schedule a consultation and learn what options may be available in your case. 

Ludwig Law Firm 
Phone: 501-868-7500 
Website: ludwiglawfirm.com 
Serving clients throughout Central 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. 

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