What to Do If You’re Caught Driving with a Suspended License in Washington

Getting caught driving with a suspended license in Washington is a serious matter. It can result in criminal charges, fines, possible jail time, and extended periods without driving privileges. Whether your suspension resulted from unpaid tickets, a DUI, or an administrative oversight, the consequences can escalate quickly.

This article explains the three degrees of Driving While License Suspended (DWLS) in Washington, what leads to license suspensions, and how an attorney can help you fight the charge or reduce the penalties.

Understanding the Degrees of DWLS in Washington

Washington classifies driving with a suspended license into three degrees, based on the severity of the offense and the underlying reason for the suspension. These are defined in RCW 46.20.342.

DWLS 1st Degree – Gross Misdemeanor

  • Penalties: Up to 364 days in jail and a $5,000 fine
  • Common Causes: Habitual Traffic Offender (HTO) status

First-degree DWLS is the most serious. It typically applies when someone designated as a Habitual Traffic Offender continues to drive despite a revocation. Habitual offenders accumulate three or more serious traffic violations within five years. A conviction may result in mandatory jail time, a longer suspension, and felony charges for repeated violations.

DWLS 2nd Degree – Misdemeanor

  • Penalties: Up to 90 days in jail and a $1,000 fine
  • Common Causes: DUI suspensions, breath test refusal, or failure to appear/pay on DUI-related cases

Second-degree DWLS occurs when a person’s license is suspended for more serious reasons, such as DUI or reckless driving. Unlike DWLS 3rd, this offense cannot typically be vacated and remains on your criminal record. Courts treat it more seriously, especially if there is a history of noncompliance.

DWLS 3rd Degree – Misdemeanor (Often Negotiable)

  • Penalties: Often eligible for reduced charges or dismissal
  • Common Causes: Unpaid tickets, missed court dates, lapsed insurance, failure to pay child support

Third-degree DWLS is the least severe and often results from administrative issues. Prosecutors and judges may be open to resolving these cases through license reinstatement, dismissals, or deferred sentences—especially for first-time offenders who show an effort to fix the problem.

Common Reasons for License Suspension in Washington

A driver’s license may be suspended for a variety of reasons, including:

  • Accumulating too many moving violations (license points)
  • Failing to pay traffic tickets or court fines
  • Driving under the influence (DUI)
  • Refusing a breathalyzer test (implied consent violation)
  • Failing to appear in court for traffic-related offenses
  • Failing to pay child support
  • Being convicted of a felony involving a motor vehicle

Many drivers are not aware their license has been suspended until they are pulled over, often due to lack of notice from the Department of Licensing (DOL).

Defense Strategies for Driving While Suspended

Being charged with DWLS does not mean you are automatically guilty. Several legal strategies may be available depending on the circumstances:

  • Challenging the suspension: If your license was wrongfully suspended or the DOL made a mistake, your attorney may move to dismiss the case.
  • Lack of notice: If you were not properly informed of the suspension, it may be a valid defense.
  • Plea negotiations: In DWLS 3rd cases, prosecutors often agree to dismiss or reduce charges if you reinstate your license and resolve the underlying issue.
  • Suppression of evidence: If the stop or arrest violated your constitutional rights, your attorney may file a motion to suppress the evidence.
  • Reinstatement efforts: Demonstrating that you’ve taken action to reinstate your license—such as paying fines, securing SR-22 insurance, or attending a DOL hearing—can positively impact your case.

Steps to Reinstate Your License

In many DWLS 2nd and 3rd degree cases, you can reduce penalties or have the charge dismissed if you actively work to reinstate your license. Steps may include:

  1. Paying outstanding fines or tickets
  2. Scheduling a hearing with the Department of Licensing (if applicable)
  3. Submitting proof of SR-22 insurance
  4. Paying reinstatement fees to the DOL
  5. Resolving any court orders or child support obligations

Your attorney can help guide you through this process and provide documentation to the court showing your compliance.

Driving with a suspended license in Washington can result in criminal penalties and long-term consequences. However, many DWLS cases—especially third-degree charges—can be negotiated, reduced, or even dismissed with the help of an experienced defense attorney.

If you’ve been cited or arrested for DWLS, do not wait to take action. The sooner you begin working to reinstate your license and address the underlying issues, the better your chances of avoiding harsh penalties.

Contact the Law Office of Erin Bradley McAleer

At the Law Office of Erin Bradley McAleer, we’ve helped countless clients resolve DWLS charges and restore their driving privileges. Whether you’re facing a first-time DWLS 3rd or a more serious DWLS 1st charge, our team will fight to protect your record and get you back on the road. Contact us today to schedule a free consultation and take the first step toward resolving your case.