If you get caught drag racing in Arkansas a second time, your car can be taken away on the spot. That's not a threat. It's state law.
The Arkansas drag racing vehicle impoundment law for repeat offenders gives police the power to seize your vehicle and keep it for at least 30 days before you can even ask for it back.
In our research, we found that as of 2026, the law applies to anyone with a prior drag racing conviction within the last five years. It doesn't matter if you own the car or borrowed it. The vehicle gets towed, impounded, and held until you pay the fees and go through the legal process.
Let's break down exactly how this works so you know what to expect.
Quick Answer
Arkansas Code Title 27 allows police to impound any vehicle used in illegal drag racing by a repeat offender. A repeat offender has one prior conviction within five years. The vehicle is held for a minimum of 30 days.
Owners must pay all towing and storage fees to get it back. A court hearing can be requested to challenge the impoundment.
Why This Law Matters (and Why You Need to Get It Right)
This law isn't just a slap on the wrist. It's designed to take your ride out of the equation fast. Police in cities like Little Rock, Fayetteville, and Springdale have used it dozens of times since it was strengthened a few years ago.
The thinking is simple: if your car is sitting in a tow lot, you can't race again tonight.
But here's the part that catches people off guard. The law applies even if you weren't the one driving. Let's say you lend your car to a friend, and they get busted racing.
You could lose your vehicle for a month or more, even if you had no idea what they were doing. That's a harsh outcome, but it's written into the statute.
Understanding the law now can save you thousands of dollars and a massive headache later. Whether you're a car enthusiast, a parent of a teen driver, or just someone who wants to know their rights, this guide walks you through every layer of the policy.
Who This Law Catches: The Repeat Offender Definition
The key word here is "repeat." A first offense for drag racing in Arkansas comes with fines and possible license suspension. But no impoundment. The law triggers only when you have a prior drag racing conviction on your record.
Here's how the state defines a repeat offender:
- You have at least one prior conviction for drag racing under Arkansas Code Section 5-71-126
- That conviction happened within the last five years
- You are then arrested again for drag racing or exhibition of speed
It doesn't matter if the first offense was in a different county or if you were a minor at the time. The law counts it. The five-year clock starts from the date of the prior conviction, not the arrest.
One thing many people miss: the law also applies if you are convicted of "aiding or abetting" a drag race. If you stood on the side of the road and acted as a lookout, you could still be considered a repeat offender if you have a prior.
What Actually Happens: Impoundment Process Step by Step
The moment an officer determines you are a repeat offender, the process starts immediately. Here is the typical flow:
- Arrest and citation. You are taken into custody for drag racing. The officer runs your driving record right there or at the station.
- Prior conviction confirmed. If the officer finds a prior conviction within five years, they are required by law to impound the vehicle.
- Vehicle towed. A local tow company is called. The car is hooked up and taken to a secured impound lot.
- Notice sent. The registered owner receives a notice of impoundment within 48 hours. If you are not the owner, the owner gets the notice.
- Impoundment period begins. The clock starts on a minimum 30-day hold. During this time, you cannot retrieve the car unless you win a hearing.
The hold starts from the date of impoundment, not from the date of conviction. So if your case drags on for months in court, the 30 days might be up before you even go to trial. But the car stays until the legal process resolves.
The Costs You'll Face: Towing, Storage, and Release Fees
This is where the law really hurts your wallet. Even if you eventually get your car back, you will pay hundreds or thousands of dollars first. Here is a breakdown based on typical fees in Arkansas:
| Expense | Typical Cost |
|---|---|
| Towing fee | $125 – $250 |
| Daily storage fee | $25 – $40 per day |
| Administrative fee | $50 – $100 |
| Minimum total for 30 days | $925 – $1,550 |
Storage fees start accruing from day one. If the impoundment lasts 30 days, you are looking at a minimum of $750 just in storage, plus the tow. Some lots charge extra for handling, paperwork, or after-hours release.
And here is a hard truth. If you cannot pay the fees, the tow company can place a lien on the vehicle and eventually sell it at auction. That means you lose the car permanently.
Pro tip: if you are the registered owner but not the driver, contact the towing company and the police immediately. You may have grounds for a hearing to get the fees reduced or waived, but you need to act fast. Check out our guide on what to do if your car remote goes through washer and dryer for similar steps on handling unexpected vehicle emergencies.
Common Mistakes That Make Things Worse
People make predictable errors when dealing with this law. Avoid these:
- Ignoring the notice. If you get a letter about impoundment, do not toss it. You have a limited window to request a hearing. Let it go, and you lose your chance.
- Trying to "talk your way out" at the tow lot. Tow companies are not judges. They cannot release a vehicle under police hold. Yelling at them only makes the situation more expensive.
- Not checking if you are a repeat offender. Some people have old convictions they forgot about. Run your Arkansas driving record before you make any assumptions.
- Giving false information to the officer. Lying about who was driving can lead to additional charges. Stick to the facts and contact a lawyer.
- Assuming insurance will cover the storage costs. Standard auto insurance does not cover impoundment fees for illegal activity. You are on the hook.
Another common error: people think the law only applies to "drag racing" in the traditional sense. In Arkansas, "exhibition of speed" counts too. That means spinning tires, doing donuts in a parking lot, or racing from a traffic light.
If a cop sees it and you have a prior, your car can be impounded.
Can You Get Your Car Back Early? Legal Options and Hearings
You can request a hearing to challenge the impoundment. Arkansas law gives you a narrow window to act.
Within 10 days of receiving the impoundment notice, you or the vehicle owner can file a petition with the district court in the county where the arrest happened. The court must hold a hearing within 21 days of receiving your petition.
At the hearing, the judge will consider:
- Whether you are actually a repeat offender (was the prior conviction valid?)
- Whether the vehicle was used in the drag race
- Whether you are the innocent owner (if you had no knowledge or consent)
If you win the hearing, the court can order the vehicle released immediately. You still have to pay towing and storage fees up to that point, but you avoid the full 30-day hold.
If you lose, the vehicle stays impounded for the remainder of the period. You can appeal the decision, but that takes time and money.
One important note: the hearing is not about whether you are guilty of drag racing this time. That comes later in a separate trial. The hearing is only about whether the impoundment was legal.
If you need legal representation, you can search for an Arkansas traffic attorney through the Arkansas Bar Association. For general guidance on vehicle issues, check out our article on what to wash car rags in for maintenance tips, though that is unrelated to legal matters.
When You Absolutely Need a Lawyer
Some situations make it risky to go it alone. You should hire an attorney if:
- You are the registered owner but were not driving the car
- You lost the hearing and want to appeal
- You have multiple prior convictions (more than one)
- The vehicle is worth more than a few thousand dollars
- You face other felony charges along with the drag racing citation
An attorney can help you file the petition correctly, gather evidence, and argue your case. Many offer free consultations. The cost of a lawyer is often less than the total impound fees you would pay otherwise.
If you cannot afford a private attorney, contact the Arkansas Public Defender Commission. They may be able to assign counsel if you meet income guidelines.
Real Scenario: A Second Offense Walkthrough
Let's make this concrete. Meet Mike. Mike lives in Conway, Arkansas.
He was convicted of drag racing in 2022 after a street race on Highway 65. He paid a fine and did a driving course. Case closed, he thought.
In July 2025, Mike races a friend on a back road near Little Rock. Police pull him over. They run his license and see the 2022 conviction.
Mike is now a repeat offender.
The officer tows his car to a private lot. Mike receives a notice in the mail three days later. The towing fee is $150.
Storage is $30 per day.
Mike files a petition for hearing within the 10-day window. The hearing is scheduled for 14 days later. At the hearing, Mike argues that he didn't know about the prior conviction because he moved and never got the court paperwork.
The judge denies his request. The vehicle must stay impounded for a full 30 days.
Total cost for Mike: $150 towing fee, $900 in storage (30 days at $30/day), and a $50 administrative fee. He pays $1,100 to get his car back.
He also faces new fines and a license suspension for the second offense. The whole experience costs him over $2,000 and a month without a vehicle.
That is the reality of this law. It hits hard and fast.
Frequently Asked Questions
How long does the impoundment last for a repeat offender?
The minimum is 30 days from the date the vehicle was impounded. It can be longer if the court orders an extended hold or if you challenge the impoundment and lose on appeal.
Can I get my car back if I wasn't the one racing?
Yes, but only if you can prove you are an innocent owner. You must show you did not know the car would be used for racing and did not give permission. The hearing is your chance to make that case.
Does the law apply if the drag race happened on private property?
Arkansas law covers "public highways, streets, alleys, or parking lots." Private property like a closed track or farm field is generally not covered. However, many police departments interpret "parking lot" broadly. If the public can access it, it likely counts.
What if I sell the car before it gets impounded?
If the vehicle has already been identified by police, selling it does not stop the impoundment. The new owner would be notified, and the car could be seized from them. It is a bad idea to try to sell while an investigation is active.
Can I get the impoundment removed if I beat the drag racing charge?
If you are acquitted of the drag racing charge, the impoundment may be considered unlawful. You can file a motion to have the vehicle released and request reimbursement for fees. However, the process takes time and a lawyer's help.
Final Verdict: What Every Arkansas Car Owner Should Know
Here is the plain truth. If you have a prior drag racing conviction in Arkansas, your next arrest means your car gets impounded for at least 30 days. Towing and storage fees will cost you over a thousand dollars.
You can challenge it, but you have to act fast and follow the law exactly.
Know your record. Check your Arkansas driving history online through the Department of Finance and Administration. Don't lend your car to someone you don't fully trust.
Act fast if your car is impounded.
For more car care and ownership tips, browse our blog for practical advice. Stay informed and stay safe on Arkansas roads.
