How to Get Your License Back After a DWI in Arkansas

Driving While Intoxicated (DWI) in Arkansas is a traffic offense in which an individual operates a vehicle while under the influence of intoxicating substances. Under Arkansas DWI laws, offenders may face harsh penalties, including losing their driver's license for a set period. After a court conviction for DWI-related offenses, the Arkansas Office of Driver Services will revoke the offender's driver's license for the duration of the court-imposed penalty.

Step 1: Know the Terms of Your Suspension

Per Arkansas laws, convicted DWI offenders may lose their driver's license for a set timeframe, depending on the number of prior DWI convictions, the circumstances around the incident, the driver's age, and vehicle type. An offender's refusal to take a breathalyzer test might also affect the duration of the suspension. The table below outlines the different suspension timeframes and waiting periods.

Step 2: Fulfill Court and DMV Requirements

Arkansas Courts and the Office of Driver Services are responsible for issuing penalties or consequences for DWI-related offenses. Arkansas courts only impose criminal and administrative penalties, such as fines, jail terms, license suspension, and court-imposed programs.

However, the ODS only handles administrative penalties like license suspension. The agency has the authority to revoke drivers' licenses and determine the duration of the suspension.

An ODS suspension is quite different from a court-imposed suspension. The ODS immediately suspends an offender's license after receiving a notice of suspension from an arresting officer. Offenders will have to request an administrative hearing before the ODS or its licensed agent. The hearing may cover issues specific to the arrest event. For instance, the hearing will check if the officer had reasonable cause to arrest the offender.

However, the court only orders a license suspension after passing a guilty verdict. Note that the court verdict takes precedence over the ODS suspension. So, you can get the ODS to reverse a license suspension if the court acquits or dismisses the case.

Step 3: Complete a DWI Education or Treatment Program

Per AK § 5-65-205, Arkansas Courts may impose one or more of these DWI education or treatment programs for DWI convictions:

• Drug and Alcohol Safety Education Program.
• Victim Impact Panel
• DWI Courts.

Arkansas' Division of Aging, Adult, and Behavioral Health Services oversees DASEP and victim impact panels. The agency develops a standardized curriculum for these programs and collaborates with third-party providers to educate DWI offenders. DWI courts, however, are under the state's judicial system. The courts are designed to monitor and address the issues behind DWI incidents.

The ODS generally requires DWI offenders to complete the DASEP and attend victim impact panels to reinstate their license. On the other hand, DWI courts are often compulsory for repeat offenders.

Note that these programs have different durations and costs. For instance, DASEP programs have a 32-hour duration, while other programs may run for the duration of the license suspension. The programs' costs also differ depending on the provider.

How to enroll in a DWI education or treatment program in Arkansas

Convicted DWI offenders can enroll in a DWI education or treatment program via these steps:

• Search and select a licensed provider listed on the DBHS website.
• Contact the program to determine the costs and duration. Some providers may offer free screening before admitting the offender.
• Provide the required documents, such as court referrals, ODS documents, and court referrals.

Step 4: Get SR-22 Insurance or Equivalent

The SR-22 is an insurance document that proves you have the minimum required auto insurance coverage. In most US states, DWI offenders are generally required to file an SR-22 before they can reinstate their driver's license.

However, the Arkansas ODS does not require this document before reinstating a suspended license. The SR-22 is only necessary when reinstating licenses for crimes like vehicular homicide and reckless driving.

Step 5: Pay Reinstatement Fees

According to the ODS, you must pay $150 to reinstate your driver's license in Arkansas. The same fee applies to all DWI offenders, irrespective of the number of prior convictions or the circumstances around the arrest event.

DWI offenders can make the payment online or offline. To pay the fee online, fill in the required details in the agency's online payment application portal. The offline option requires you to send the payment via mail or person to the nearest ODS location. Note that the agency accepts all payment options.

Step 6: Submit Your License Reinstatement Application

DWI offenders in Arkansas can reinstate their driver's license by following this guide:

1. Get the following documents:
   1. A confirmation of the Interlock Requirement. You can request the form from the ODS or ignition interlock provider.
   2. Certificate of completion for the court-mandated DWI program. The ODS specifically requires the DASEP and Victim Impact Panel certificates.
2. Attach a $150 reinstatement fee.
3. Register and pass all Arkansas driver's license exam phases if the license was revoked.
4. Pay the reinstatement fee online or offline.
5. Schedule an appointment and submit these documents to the nearest ODS location.

What If You're Denied License Reinstatement in Arkansas?

In such cases, you must first determine the reasons for the denial. The ODS will refuse to reinstate your driver's license under these conditions:

• You did not complete the court-mandated programs.
• There are unpaid fees.
• You violated the conditions of your license suspension. For instance, you drove without a restricted permit or committed another DWI offense.

Per AR Code § 27-16-913, you must appeal the denied request within 30 days of receiving the decision from the ODS. Offenders must file a de novo petition for review and a copy of the decision with the circuit court. Next, they must create a copy of the documents and serve it to the Department of Finance and Administration Secretary. The court will deliberate on the petition by considering input from all concerned parties.

Hardship Licenses: Driving with Limited Privileges

Restricted driver permits allow DWI offenders to drive to specific locations during their license suspension. Under AR Code § 5-65-120, the Division of Driver Services will issue a restricted driving permit under these conditions:

• The license suspension greatly inconveniences the offender.
• The applicant is not a multiple traffic law offender.
• The applicant is not a threat to the general public.
• There are no other means of transportation for the applicant to drive to specific locations.

Eligible parties can apply for license reinstatement by filling out the ODS requested permit request form. The agency will notify you whether you qualify for reinstatement.

Note: A restricted driver permit only allows you to drive to specific locations like work, hospitals, or DWI program centers.

How Long Does It Take to Get Your License Back After a DWI?

Arkansas DWI offenders can file for their driver's license immediately after the license suspension elapses. For instance, first-time DWI offenders can file for reinstatement after a six-month license suspension.

To reinstate a driver's license, you must complete the court-mandated DWI program, install an IID, and pay a reinstatement fee.