Charges against Saline County Sheriff Bruce Pennington have been upgraded from refusal to submit to resisting arrest, following his altercation with officers in June.
Pennington was arrested on alcohol-related charges June 29.
According to the Benton Police Department, officers found Pennington, 62, sitting inside a vehicle that was not running in the parking lot.
Witnesses at Denton's Trotline restaurant in Benton said the sheriff became belligerent after police were called.
In a news conference, Pennington later said he would not resign his position, but apologized at least four times for his actions, and said, "I'm human, I made a mistake, and it will not happen again."
Pennington said he was not preparing to drive away from the restaurant, but was rather texting his nephew to come pick him up.
Pennington said he has worked in law enforcement for 40 years, including 24 years at the Arkansas State Police.
There is now an online petition calling for Pennington's removal.