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Driving While License Suspended
Driving is considered a privilege in Washington, not a guaranteed right. When that privilege is suspended or revoked, operating a vehicle can lead to serious consequences. Under Washington law, driving while license suspended (often referred to as DWLS) is divided into three degrees of severity, depending on the circumstances. While some violations are treated as misdemeanors with the potential for jail time, others are infractions that still carry heavy financial and practical consequences.
The laws governing DWLS are found in RCW 46.20.342 and RCW 46.65.090. These statutes outline when and how the state penalizes drivers who operate vehicles after their license has been suspended or revoked.
RCW 46.20.342 – Driving While License Suspended or Revoked
The primary DWLS statute is RCW 46.20.342. It states, in part:
“(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status… ”
RCW 46.20.342
This section creates three levels of DWLS, each with its own penalties:
- DWLS in the First Degree – This is the most serious category. It applies when a person drives while their license is revoked under the state’s Habitual Traffic Offender (HTO) law. RCW 46.20.342(1)(a) makes it a gross misdemeanor punishable by up to 364 days in jail and fines up to $5,000. A conviction may also lead to further revocation.
- DWLS in the Second Degree – This applies when a license has been suspended or revoked for a serious violation such as DUI, reckless driving, or certain felony offenses involving a motor vehicle. It is also a gross misdemeanor and carries the same potential penalties as first degree DWLS, though it does not necessarily involve HTO status.
- DWLS in the Third Degree – This is the least serious form of the offense, but it is still a misdemeanor. It usually involves administrative suspensions for issues like unpaid traffic tickets, failure to appear in court, or lack of proper insurance. While jail time is less common, fines and extended license suspensions can create long-term problems.
RCW 46.65.090 – Habitual Traffic Offender
DWLS in the first degree often overlaps with Washington’s Habitual Traffic Offender law. RCW 46.65.020 provides:
“…An habitual offender means any person, resident or nonresident, who has accumulated convictions or findings that the person committed a traffic infraction as defined in RCW 46.20.270, or… Driving a motor vehicle while his or her license, permit, or privilege to drive has been suspended or revoked…”
This statute shows how seriously the state treats habitual offenders. Multiple serious violations within a short timeframe can result in HTO status, which means longer revocation periods and harsher penalties for driving without reinstatement.
How DWLS Citations Occur
DWLS is often discovered during routine traffic stops. A driver may be pulled over for speeding on Interstate 5, failing to signal on U.S. Highway 2, or rolling through a stop sign on State Route 167. When the officer runs the driver’s information through the Department of Licensing database, a suspension or revocation may appear, leading to a DWLS charge.
Many drivers are surprised to learn that their license was suspended. Common triggers include unpaid tickets, missed court dates, or failing to maintain proof of insurance. According to the Washington Traffic Safety Commission, administrative suspensions make up a large percentage of DWLS cases statewide. Washington Traffic Safety Commission
Penalties and Consequences
The consequences of DWLS vary by degree but can include:
- Fines and court costs that exceed several hundred dollars.
- Jail time for first or second degree DWLS, particularly for repeat offenders.
- Further suspension or revocation of driving privileges.
- Increased insurance premiums or difficulty obtaining coverage.
- Employment challenges for those who rely on a driver’s license for work.
Even third-degree DWLS, often tied to unpaid tickets, can spiral into long-term financial and legal issues if not addressed quickly.
Avoiding and Resolving DWLS
Avoiding DWLS starts with staying current on all court obligations and promptly addressing any notice from the Department of Licensing. If a license has already been suspended, reinstatement may require paying fines, filing proof of insurance (SR-22), or completing court-ordered conditions.
The Washington Department of Licensing provides guidance on reinstating driving privileges after a suspension. Washington Department of Licensing – Suspended License
Drivers who are unsure of their status can also check with the Department of Licensing to avoid unintentionally committing DWLS. In some cases, legal assistance can help negotiate a resolution or explore alternatives such as relicensing programs.
Conclusion
Driving while license suspended is one of the most common violations issued in Washington, but its impact is anything but routine. The state’s statutes, RCW 46.20.342 and RCW 46.65.090, make it clear that penalties range from administrative fines to significant jail time, depending on the degree of the offense.
Whether the violation stems from unpaid tickets, a DUI suspension, or habitual offender status, DWLS can create a cycle of legal and financial hardship. By understanding the law, addressing suspensions promptly, and practicing proactive responsibility, drivers can avoid the steep costs of this infraction.
For any case involving DWLS, it makes sense to speak with a qualified Washington State traffic lawyer.
Frequently Asked Questions: Driving While License Suspended in Washington State
What does “driving while license suspended” mean under Washington law?
Driving while license suspended (DWLS) refers to operating a motor vehicle after the Washington Department of Licensing (DOL) has suspended or revoked your driving privilege. The law is outlined in RCW 46.20.342, which divides DWLS into three degrees based on severity. First-degree DWLS is linked to habitual traffic offender status, second-degree involves serious suspensions such as DUI, and third-degree often stems from administrative issues like unpaid tickets or failure to maintain insurance.
Helpful link: RCW 46.20.342 – Washington State Legislature
What are the penalties for DWLS in Washington?
The penalties vary depending on the degree of the violation. First-degree and second-degree DWLS are gross misdemeanors, punishable by up to 364 days in jail and fines up to $5,000. They can also result in longer suspensions and harsher consequences for habitual offenders. Third-degree DWLS is a misdemeanor and typically involves fines, but jail time is less common. In all cases, the violation is reported to the Department of Licensing, which may further extend the suspension.
Helpful link: Washington Courts – Traffic Infraction Information
Why did my license get suspended?
There are many reasons a driver’s license can be suspended in Washington. Common causes include DUI or reckless driving convictions, unpaid traffic tickets, failure to appear in court, driving without proof of insurance, or accumulating too many moving violations. Some suspensions also arise from non-driving issues, such as unpaid child support. Because there are so many potential triggers, some drivers are not aware of their suspension until they are pulled over for another reason.
Helpful link: Washington Department of Licensing – Suspended License
Can I contest a DWLS charge?
Yes. Like other traffic violations, drivers accused of DWLS have the right to contest the charge in court. A defense strategy may involve showing that the driver was not properly notified of the suspension, that the suspension was lifted before the citation, or that they were operating under a restricted license. For habitual traffic offenders under RCW 46.65.090, courts often look closely at prior driving history. Contesting a DWLS charge can be complex, so legal assistance from a Washington DWLS lawyer is often beneficial.
Helpful link: Washington Courts – Forms and Resources
How can I reinstate my driver’s license after a suspension?
Reinstating a suspended license in Washington depends on the reason for the suspension. Requirements may include paying fines, providing proof of insurance (SR-22), completing alcohol or drug treatment, or finishing a court-ordered program. Once all conditions are satisfied, drivers can apply for reinstatement through the Department of Licensing and pay a reinstatement fee. Acting quickly to resolve the suspension not only prevents DWLS charges but also reduces long-term insurance and financial consequences.
Helpful link: Washington Courts – Driver Reinstatement
What it All Means
Driving while license suspended is one of the most common yet costly mistakes Washington motorists can make. Whether the suspension stems from a DUI, unpaid tickets, or habitual offender status, DWLS charges carry consequences that extend far beyond the initial citation.
By understanding RCW 46.20.342 and RCW 46.65.090, responding promptly to court notices, and working with the Department of Licensing to reinstate privileges, drivers can avoid the cycle of repeated suspensions and citations. Taking these steps not only protects your record and finances but also helps keep Washington’s roads safer for everyone.
What Happens Next?
DWLS citations are handled in the district or municipal court that has jurisdiction where the stop occurred. If a driver is pulled over on Interstate 5 near Tacoma or Interstate 90 outside Spokane by a highway patrol officer, the case will usually be processed in the local county district court. If the citation is issued by a local cop inside city limits—such as on State Route 99 in Seattle or U.S. Highway 2 through Everett—the case may instead go to a municipal court like Seattle Municipal Court or Everett Municipal Court.
Each court has its own procedures, but drivers must act before the deadline printed on the ticket. Options often include paying the fine, requesting a mitigation hearing, or contesting the charge in a contested hearing. Ignoring a DWLS ticket can result in additional penalties, further suspension of your driving privilege, and notice to the Washington Department of Licensing.
Although DWLS can range from an administrative issue to a serious misdemeanor, all degrees of this charge carry lasting consequences. Promptly addressing the citation through the appropriate court, understanding the statutes, and working with the Department of Licensing to reinstate your driving privilege are essential steps.
By staying informed and avoiding suspended driving on Washington’s busy roadways—whether it’s the congested lanes of I-405 in Bellevue, the mountain passes of U.S. Highway 12, or the rural stretches of State Route 20—drivers can protect their records, their finances, and the safety of others on the road.