Arkansas Driving Records

The Office of Driver Services (ODS), under the Department of Finance and Administration (DFA), maintains detailed driving records of all vehicle operators in Arkansas. These records cover a driver's history, including traffic violations, suspensions, accidents, and license status.

This record-keeping is mandated by Arkansas Code Annotated (ACA) Section 27-50-901. The code requires the maintenance of accurate and current records for all licensed drivers in the state and makes it accessible to those allowed access.

Driving records are crucial for individuals and organizations. They reflect drivers' driving behavior and potentially affect insurance rates, job prospects, and legal situations. Organizations, especially those in transportation, use these records to evaluate driver qualifications.

Law enforcement and the Arkansas Judiciary also utilize driving records to enforce traffic laws and maintain public safety. Given their wide-ranging impact on various aspects of life, Arkansas residents must understand the contents and implications of their driving records.

Types of Driving Records Available in Arkansas

In Arkansas, three driving records are available:

Insurance Record

The Insurance Record, primarily used by insurers to assess driver risk and set premiums, displays traffic violations for the past three years. It can be obtained for $8.50 by mail, in person, or $10 online.

Commercial Record

The Commercial Record contains detailed information necessary to comply with federal and state regulations and is often requested for employment. Some information on commercial records may extend over three years. This record costs $10 when requested by mail or in person and $13 online.

History Record

The History Record provides comprehensive information on an individual's driving record from when they first received their license. This record is available for $8.50 but cannot be requested online or at the Revenue Office. Requests for History Records must be made in person or by mail directly to the Driving Records office.

Certified vs. Non-Certified Driving Records

Note that Arkansas offers certified and non-certified versions of driving records. Certified records, authenticated by the DFA, are official documents often required for legal or formal proceedings. Non-certified records contain the same information but lack official certification, making them suitable for personal or informal use.

How To Request an Arkansas Driving History Report?

For flexibility, the DFA provides three methods for acquiring a copy of these reports. Each method has specific procedures that individuals must follow.

Online

For the online process, requesters can use the DFA's MyDMV portal. This method requires a User ID (which can be created during the process), a driver's license or ID number, and a valid payment method, such as a credit or debit card.

The driving record is typically available for immediate download or viewing upon submission of the required information and payment.

By Mail

Those preferring a mail-in option must complete the Arkansas Driving Records Release form, available on the DFA website. This form, along with the required payment (usually a check or money order payable to the DFA), should be mailed to the address below:

Department of Finance and Administration
P.O. Box 1272 Room 1130
Little Rock, AR 72203-1272

In Person

In-person requests can be made at any DFA Revenue Office or the DFA headquarters' Driving Records Counter. Requesters must present valid photo identification and can pay using cash, check, money order, or a major credit/debit card. This method allows for immediate receipt of the driving history report upon completing the request.

Uses of Arkansas Driving Records

Arkansas residents obtain a copy of their driving records for various reasons. In most cases, it is for insurance or employment in the transportation industry. However, regardless of reason, the use of these driving records is governed by specific regulations to keep them legal and ethical.

Permitted Uses

In Arkansas, driving records can be used by:

Insurance Companies: To assess risk and set premiums.
Employers: To evaluate the driving history of current or potential employees.
Law Enforcement and Courts: To verify driving status and use as evidence.
Individuals: To check their own records for accuracy and address insurance or employment issues.

Prohibited Uses and Legal Restrictions

The use of driving records is subject to legal constraints, particularly under the Driver's Privacy Protection Act (DPPA), a federal law applicable in Arkansas. The DPPA restricts the disclosure of personal information in motor vehicle records, allowing access only for specific, legally sanctioned purposes.

Arkansas law reinforces these restrictions, keeping driving records from being used for unauthorized purposes, such as marketing without consent or for discriminatory practices. Misusing driving records can result in legal penalties, fines, and potential civil liability.

Understanding Arkansas Driving Laws

Arkansas residents must adhere to different driving laws to avoid fines and other legal consequences. Examples of these laws include the following:

Wearing of Seat Belt and Child Safety Seat

As per ACA Section 27-37-702, Arkansas mandates that all drivers and passengers wear seat belts, regardless of their seating position in the vehicle. This requirement applies to both front and back seats. Additionally, the state has a child restraint law that requires children under six years old or weighing less than 60 pounds to be secured in an appropriate child safety seat.

Distracted Driving

In Arkansas, texting while driving is illegal for all drivers as mandated by ACA Section 27-51-1504. Cell phone use regulations vary by age group. Drivers under 18 are prohibited from using a cell phone while driving, even if it's hands-free.

Hand-free use is permitted for drivers aged 18-20, but handheld use is not. All drivers are prohibited from using handheld devices in school and highway work zones.

Vehicle Liability Insurance

Arkansas legislation mandates that all drivers must have liability coverage, which covers injuries or property damage caused to others in an accident. According to ACA Section 27-22-104, the state requires the following minimum liability insurance coverage:

$25,000 for bodily injury or death of one person in a single accident
$50,000 for bodily injury or death of two or more individuals in a single accident
$25,000 for property damage caused to others in a single accident

Under ACA Section 27-22-103, operating vehicles without mandatory liability insurance is illegal. Failure to provide proof of insurance can lead to penalties, including fines, license suspension, vehicle impoundment, and the requirement to obtain an SR-22.

Right of Way

Drivers must yield to vehicles on the right at intersections without traffic signals, to pedestrians at crosswalks, and to oncoming traffic and pedestrians when turning left. Failing to abide by these rules violates ACA Section 27-67-304.

Reporting Accidents

According to ACA Section 27-19-501, drivers must report accidents resulting in injury, death, or property damage exceeding $1,000 within 30 days of the accident. These reports must be filed with the local police, sheriff's office, or state highway patrol.

Requirements for Residents, New Residents, and Foreign Nationals

In Arkansas, driving requirements differ for residents, new arrivals, and foreign nationals.

Residents must hold a valid driver’s license, which should be renewed every 4 or 8 years, and maintain a vehicle registration with proof of insurance that meets minimum liability coverage.

New residents are required to obtain an Arkansas driver’s license and register their vehicles within 30 days of moving. This process involves surrendering their out-of-state license, meeting testing requirements, and providing proof of ownership, insurance, and payment of fees.

Foreign nationals temporarily residing in Arkansas can drive with a valid foreign driver’s license and an International Driving Permit (IDP). Those staying longer must obtain an Arkansas driver’s license, which involves vision, knowledge, and road skills tests, and register any vehicles they own in the state.

The Points System in Arkansas

Different traffic offenses in Arkansas lead to the assignment of points on driving records. Some common examples include the following:

Street racing or speed contest: 8 points
Reckless driving: 8 points
Driving without lights to avoid law enforcement notice: 3 points
Hazardous or careless driving: 3 points
Leaving the scene of the accident (no injury): 8 points
Driving in the wrong direction on a one-way street: 3 points
Driving over 15 miles per hour (mph) of the speed limit: 5 points
Driving with a suspended/revoked license: 3 points

The accumulation of a specific number of points triggers serious implications in Arkansas, including the following:

Issuance of warning letters
Automatic scheduling of hearings for 14 or more points within 36 months
Potential license suspension for non-attendance at hearings
Possible increases in insurance premiums
Mandatory enrollment in alcohol treatment programs

Criminal vs. Civil Driving Offenses in Arkansas

Arkansas drivers must understand the difference between criminal and civil driving offenses to avoid violating them.

Criminal Driving Offenses

Criminal driving offenses in Arkansas are considered more serious and can lead to severe penalties, including fines, imprisonment, and long-term impacts on a driver's record. Examples of these criminal driving offenses are the following:

Reckless Driving

Reckless driving typically involves driving a vehicle while intentionally disregarding other people's and other properties' safety. It can lead to vehicle accidents and injuries. Hence, as per ACA Section 27-50-308, any individual found guilty of reckless driving may face the following penalties:

A fine of up to $1000
Up to 90 days in jail
The addition of demerit points to driving records
Possible suspension of driver's license

Repeat offenders convicted within three years of the first offense may incur jail time of up to six months. Their insurance providers may also increase their premiums.

Driving Under the Influence (DUI)

Under ACA Section 5-65-103, DUI is categorized as a criminal offense. It is explicitly prohibited for any individual to operate a vehicle while under the influence, with a blood alcohol concentration (BAC) of 0.08% or higher.

Upon conviction, the individual's driver's license will face suspension for a specified duration based on their repeat offense within five years:

First offense: six months
Second offense: 24 months
Third offense: 30 months
Fourth offense: License revocation for four years

If a DUI incident results in the death of another individual, it is classified as negligent homicide under ACA Section 5-10-105, constituting a Class B felony. As outlined in ACA Section 5-4-401 and ACA Section 5-4-201, Class B felonies are subject to imprisonment for a period ranging from five to 20 years and a potential fine of up to $15,000.

Civil Driving Offenses

Civil driving offenses in Arkansas are generally less severe than criminal offenses but can still result in fines, penalties, and impacts on a driver's record. Examples of civil driving offenses in Arkansas include the following:

Speeding

In Arkansas, speed restrictions vary per type of road and its location, with prescribed maximum limits detailed in ACA Section 27-51-201. For instance, urban settings generally enforce speed limits ranging from 25 mph to 35 mph, while highways may permit speeds up to 65 mph. Arkansas drivers must follow these posted limits to be safe on the road.

The fines for speeding violations in Arkansas vary based on the extent to which the driver surpasses the speed limit and the specific location of the offense. Penalties can span from $100 to $500 or more for significant speeding, notably in school zones or construction areas.

Speeding violations typically add 3 to 8 points to the driver's record. Accruing 14 or more points may result in suspension of the license.

Running a Red Light

As per ACA Section 27-52-107, vehicles facing a red light must stop to avoid crashing into other vehicles. Otherwise, drivers of these vehicles may face a fine of up to $200 and additional points on the driver's record.

Repeat offenses can lead to drivers being required to attend traffic schools and incur higher insurance premiums.

Arkansas Driving Statistics and Goals

According to the National Highway Traffic Safety Administration (NHTSA), Arkansas had over 600 traffic fatalities in 2022 and 2023, per the Motor Vehicle Traffic Fatalities in 2023 report. This gives Arkansas's traffic fatality rate higher than the national average, at 1.67 in 2022 and 1.56 in 2023.

A significant portion of these fatalities involved impaired driving, speeding, and failure to use seat belts. Rural areas in Arkansas tend to have higher fatality rates, partly due to higher speeds on rural roads and less immediate access to emergency services.

Goals for Improving Road Safety in Arkansas

Arkansas has set a goal to reduce traffic fatalities by implementing targeted enforcement campaigns, such as the following:

"Click It or Ticket" program to increase seat belt usage
"Drive Sober or Get Pulled Over" to combat impaired driving

The state also focuses on public awareness campaigns to educate drivers about the dangers of speeding, distracted driving, and the importance of seat belt use.

Frequently Asked Questions About Arkansas Driving Records

Here are the most commonly asked questions about driving records in Arkansas:

Can a Person Get Someone Else's Driving Records?

Anyone seeking to obtain another person's driving records must first get the other person's consent. When requesting in person, they can bring in an authorization letter or a notarized power of attorney.

How To Dispute an Error on a Person's Driving Record?

If an individual believes that there is an error on their Arkansas driving record, they should contact the DFA's Driver Services office. They must provide documentation supporting their claim, and the DFA will investigate the issue.

How Long Do Points Stay on a Driving Record, and Can They Be Reduced?

Points stay on a driving record for three years. There are no ways to reduce points; they simply expire after three years if no further violations occur.

Helpful Links and Resources

Here are some helpful links and resources for Arkansas drivers:

A list of common traffic violations in Arkansas with corresponding points: https://www.dfa.arkansas.gov/driver-services/driver-improvements/violations-and-points/
More information about alcohol treatment programs for DUI: https://www.dfa.arkansas.gov/driver-services/dui-dwi-information/alcohol-treatment-programs/
Read more information about accident reporting in Arkansas: https://www.dfa.arkansas.gov/driver-services/safety-responsibility/

Counties in Arkansas

List of Content

Types of Driving Records Available in Arkansas
How To Request an Arkansas Driving History Report?
Uses of Arkansas Driving Records
1. Permitted Uses
2. Prohibited Uses and Legal Restrictions
Understanding Arkansas Driving Laws
The Points System in Arkansas
Criminal vs. Civil Driving Offenses in Arkansas
1. Criminal Driving Offenses
2. Civil Driving Offenses
Arkansas Driving Statistics and Goals
1. Goals for Improving Road Safety in Arkansas
Frequently Asked Questions About Arkansas Driving Records
Helpful Links and Resources