Arkansas Code Annotated

Ark. Code Ann. § 5-65-120 (2026)

Restricted driving permit

✓ current as of May 2026

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The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if:
1. The denial or suspension results in a case of extreme and unusual hardship; and
2. After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that:
  1. The person:
    1. Is not a multiple traffic law offender; or
    2. Does not present a threat to the general public; and
  2. Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations:
    1. To and from the person's place of employment;
    2. In the course of the person's employment;
    3. To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution;
    4. To and from an alcohol education program or alcoholism treatment program for drunk drivers; or
    5. To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.
The issuance of a restricted driving permit under this section is solely within the discretion of the office.
A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted.
A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103, § 5-65-205, § 5-65-303, or § 5-65-310, a second or subsequent time within five (5) years of the first offense.

History. Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2; 2015, No. 299, § 6.

A.C.R.C. Notes. As enacted by Acts 1995, No. 802, § 3, subsection (a) of this section began:

“Upon the effective date of this act”.

Publisher's Notes. Acts 1995, No. 802, § 5(a), is also codified, in part, as § 5-65-205(c).

Amendments. The 2009 amendment by No. 748 substituted “an alcohol education program or alcoholism treatment program” for “the alcohol education and alcoholism treatment programs for drunk drivers” in (a)(2)(D).

The 2009 amendment by No. 1293, in the introductory language of (a), substituted “current denial, revocation, or suspension” for “current suspension” and inserted “or a driver's license” near the end; and deleted (d).

The 2015 amendment rewrote the section.

Case Notes

Driving Outside of Restrictions.

Evidence was substantial to support a conviction for driving on a suspended license under this section because defendant was not following the restrictions given on his restricted driving permit. The Arkansas Office of Driver Services had issued a restricted permit for defendant to drive from his home in Fayetteville to school, drug-and-alcohol education classes, and for medical emergencies. Fiveash v. State, 2015 Ark. App. 187, 458 S.W.3d 774 (2015).

Notes of Decisions

Cited in 3 cases, 1997–2015 · leading case: Miller v. Arkansas Dep't of Fin. & Admin., 401 S.W.3d 466 (Ark. 2012).

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Miller v. Arkansas Dep't of Fin. & Admin., 401 S.W.3d 466 (Ark. 2012). · cites it 2× “We also note that during the time that appellant’s suspension was in effect, from January 21, 2011 to February 28, 2011, appellant was not actually deprived of all driving privileges, as he obtained a restricted license pursuant to Ark.Code Ann. § 5-65-120.”

Pyron v. State, 953 S.W.2d 874 (Ark. 1997). “Arkansas Code Annotated § 5-65-120 (Supp. 1995) provides in pertinent part: (a) On July 1, 1996, and thereafter, the Office of Driver Services or its designated agent, following the administrative hearing for suspension or revocation of a driver’s license as provided for in §…”

Fiveash v. State, 2015 Ark. App. 187 (Ark. Ct. App. 2015). · cites it 2× “” Under Arkansas Code Annotated section 5-65-120 (Supp. 2013), the Office of Driver Services may modify the denial or suspension of a driver’s license in a case of extreme and unusual hardship by the issuance of a restricted driving permit when certain conditions have been met.”

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