Driving While License Suspended in the First Degree Is a Criminal Charge

In Washington State, driving while your license is suspended in the first degree means you drove a vehicle knowing your license was suspended, and that suspension was for one of the most serious reasons: a DUI or physical control conviction, a reckless driving conviction, a violation of the ignition interlock requirement, or a suspension imposed by the court as part of a criminal sentence. This is not a traffic infraction. It is a misdemeanor criminal offense, and a conviction stays on your record.

The distinction matters because the penalties are criminal, not civil. You face jail time, fines, a mandatory ignition interlock device, and a longer license suspension on top of the one already in place. A single violation can add months or years to how long you cannot legally drive.

Washington law separates suspended license violations into degrees based on why your license was suspended in the first place. First degree is the most serious category because it involves suspensions tied to impaired driving or court-ordered restrictions.

Key Takeaways

  • Driving while suspended in the first degree is a misdemeanor criminal charge in Washington, not a traffic ticket, and results in a criminal record if convicted.
  • Penalties include up to 90 days in jail, fines up to $1,000, mandatory ignition interlock installation, and an additional license suspension of at least one year.
  • The charge applies only when your suspension was for DUI, physical control, reckless driving, ignition interlock violation, or court-ordered suspension.
  • You must know your license was suspended for the charge to explore — driving without knowing is a lower-degree offense with lighter penalties.
  • A criminal defense attorney can review whether the state can prove you knew about the suspension or challenge the underlying suspension itself.

What Triggers a First-Degree Suspension Violation in Washington

You can be charged with driving while suspended in the first degree only if your license was suspended for specific reasons. The most common is a DUI (driving under the influence) conviction or a physical control conviction — meaning you were in control of a vehicle while impaired, even if the engine was off. A reckless driving conviction also triggers this category. So does violating the terms of an ignition interlock requirement, such as failing to install the device or tampering with it. Finally, any suspension imposed by a court as part of a criminal sentence falls into the first-degree category.

Suspensions for other reasons — unpaid traffic tickets, unpaid child support, medical reasons, or administrative violations — do not result in first-degree charges if you drive. Those fall into second or third degree, which carry lighter penalties.

The state must prove that your suspension was for one of these may have access to reasons. If your suspension was for an unrelated reason, the charge should be reduced to a lower degree.

The Penalties for a First-Degree Conviction

A conviction for driving while suspended in the first degree carries mandatory minimum penalties. You face up to 90 days in jail, a fine of up to $1,000, and an additional license suspension of at least one year beyond the suspension already in place. The court may also impose probation and require you to pay court costs and restitution.

An ignition interlock device is mandatory. You must have one installed in any vehicle you own or operate, and you pay for the installation and monthly monitoring fees — typically $60 to $150 per month. The device prevents your vehicle from starting if it detects alcohol on your breath. You must blow into it before starting the car and at random intervals while driving.

If you have prior convictions for suspended license violations or related offenses, the penalties increase. A second or subsequent conviction within seven years can result in up to 180 days in jail and fines up to $2,000.

The Difference Between Knowing and Not Knowing About Your Suspension

Washington law requires that you know your license is suspended for the first-degree charge to explore. If you drove without knowing, the charge should be reduced to second degree, which carries a maximum of 30 days in jail and a $250 fine. This is an important distinction because it can mean the difference between a criminal record with jail time and a lesser violation.

The state must prove you knew. This can be shown through evidence that you received a notice of suspension by mail, that you were told in person at a court hearing, or that you had reason to know — for example, if you were arrested for DUI and knew a suspension would follow. If you can show you did not receive notice and had no reason to know, your attorney can argue for the charge to be reduced.

However, the burden is on you to stay informed. If you were convicted of DUI or reckless driving, the court typically sends a notice of suspension. Ignoring mail or assuming your license is still valid does not protect you from the charge.

What Happens to Your License After a Conviction

Your license suspension does not end when you are convicted. Instead, it extends. If you were already suspended for one year due to a DUI, a first-degree conviction adds at least another year, making it two years total before you can even request reinstatement. If you had a longer suspension — say, three years — the conviction adds time on top of that.

Before you can drive again, you must complete several steps. You must serve the full suspension period, install and maintain an ignition interlock device for at least one year (or longer, depending on the court's order), pay all fines and court costs, and complete any required alcohol or drug treatment programs. Only then can you petition the Department of Licensing for reinstatement.

Even after reinstatement, you will have a criminal record. This affects employment, housing, insurance rates, and professional licenses. Some employers conduct background checks and will see the conviction. Auto insurance companies will charge significantly higher premiums or may refuse to insure you.

Your Options if You Are Charged

If you are arrested or cited for driving while suspended in the first degree, you have the right to an attorney. If you cannot afford one, you can request a public defender at your first court appearance. Do not ignore the citation or fail to appear in court — that results in additional charges and a warrant for your arrest.

An attorney can challenge the charge in several ways. They can argue that the state cannot prove you knew your license was suspended, which would reduce the charge to second degree. They can examine whether the underlying suspension was lawful — for example, if you were not properly notified or if the suspension was imposed in error. They can also negotiate with the prosecutor for a plea agreement that reduces the charge or penalties.

Some cases result in a deferred prosecution agreement, where the charge is dismissed if you complete certain conditions, such as treatment or probation. This is not available in all cases and depends on your criminal history and the specifics of your case, but it is worth discussing with your attorney.

How This Charge Affects Your Driving Record and Insurance

A first-degree conviction is recorded on your Washington driving record and your criminal record. Insurance companies see both. Most insurers will not cover you after a first-degree suspended license conviction, or they will charge rates two to three times higher than standard. Some will drop you entirely.

You may be required to file an SR-22 form with the Department of Licensing, which is a certificate of financial responsibility proving you have insurance. This is often required after DUI-related convictions and suspensions. The SR-22 itself does not cost much, but the insurance behind it is expensive because you are classified as high-risk.

Your record will show the conviction for several years. Even after your license is reinstated and the suspension ends, the criminal conviction remains on your record indefinitely unless you pursue a vacation of conviction — a legal process to have the conviction removed or reduced, which is possible in some cases but not may provide.

Frequently Asked Questions

Can I drive to work or to court if my license is suspended?

No, not legally. Washington does not issue "work permits" or "hardship licenses" that allow you to drive during a suspension for DUI or court-ordered reasons. Your only legal option is to use other transportation. Driving for any reason — work, medical appointments, court — is a violation and can result in the charge described here.

What if I did not know I was suspended?

Tell your attorney when ready. If you can show you did not receive notice and had no reason to know, the charge may be reduced to second degree, which carries much lighter penalties. However, you must have evidence — for example, that the notice was sent to an old address or that you were never informed at your DUI hearing.

Does a first-degree conviction mean I will go to jail?

A conviction carries a maximum of 90 days in jail, but judges have discretion. First-time offenders sometimes receive probation without jail time, while repeat offenders are more likely to serve time. Your attorney can argue for alternatives like electronic monitoring or work-release programs.

Can I get the conviction removed from my record?

You may be able to petition for a vacation of conviction after a certain period, but this is not automatic and depends on the specifics of your case and your criminal history. Speak with an attorney about whether you are may be able to access and what the process involves in your county.

Will I have to use an ignition interlock device forever?

No. The court sets a minimum period, usually one year, but you can petition for removal after that time if you have complied with all requirements and have no new violations. However, if your original suspension was for multiple DUIs or if you have multiple convictions, the interlock requirement may last longer.