Third-degree driving while suspended is a criminal charge in Washington, not just a traffic ticket

In Washington State, driving while your license is suspended in the third degree (RCW 46.20.342) means you drove a vehicle knowing your license was suspended, and you had at least one prior conviction for the same offense within the past five years. This is a misdemeanor crime, which means you face jail time, fines, and a permanent criminal record — not just a civil penalty.

The charge exists because Washington law treats repeat offenders differently. A first offense of driving with a suspended license is typically a traffic infraction. A second offense within five years bumps you to second-degree (still a misdemeanor, but with lower penalties). A third offense within five years becomes third-degree, with the harshest penalties of the three.

The distinction matters because a misdemeanor conviction stays on your criminal record permanently and affects employment, housing, and professional licensing. Understanding what third-degree means and what your options are can shape how you respond to the charge.

Key Takeaways

  • Third-degree driving while suspended is a misdemeanor in Washington, not a traffic ticket, and requires you to have two prior convictions for the same offense within five years.
  • Conviction carries up to 90 days in jail, a fine up to $1,000, and a permanent criminal record that affects employment and housing.
  • Your license suspension reason matters: if you were suspended for unpaid traffic fines, child support, or a DUI, the path to reinstatement differs.
  • You have the right to contest the charge in court, and a criminal defense attorney can challenge whether the state can prove you knew your license was suspended.
  • Even after conviction, you can work toward license reinstatement once you address the underlying reason for the suspension.

The penalties for third-degree driving while suspended

A conviction for third-degree driving while suspended carries a jail sentence of up to 90 days and a fine up to $1,000. You may also face probation, community service, or both. The court has discretion on the exact sentence, so factors like your employment, family situation, and the circumstances of the stop can influence the outcome.

Beyond the when ready penalties, a misdemeanor conviction appears on your criminal record permanently. This record shows up on background checks for jobs, rental applications, professional licenses, and volunteer positions. Some employers and landlords will not hire or rent to someone with a misdemeanor conviction, even years later.

Your driver's license will also remain suspended during the case and after conviction. You cannot straightforward pay a fine and move on — you must address the original reason your license was suspended before you can restore it.

Why your license was suspended in the first place

Washington suspends licenses for many reasons: unpaid traffic fines, failure to appear in court, child support arrears, a DUI conviction, accumulating too many points, or a medical condition. The reason matters because it determines how you get your license back.

If your suspension was for unpaid fines or court costs, you must pay what you owe to the court. If it was for child support, you must work with the Department of Social and Health Services (DSHS) to bring your account current or set up a payment plan. If it was for a DUI, you may need to install an ignition interlock device and complete a substance abuse treatment program. If it was for accumulating points, you may need to wait out a suspension period or take a defensive driving course.

Before you can restore your license after a third-degree conviction, you will need to resolve the underlying suspension reason. This is separate from the criminal case — the court handles the criminal charge, and the Department of Licensing (DOL) handles the suspension.

How the state proves you knew your license was suspended

For the state to convict you of third-degree driving while suspended, they must prove two things: that your license was actually suspended, and that you knew it was suspended. The first is straightforward — they pull your DOL record. The second is harder, and this is where a defense attorney can help.

You may not have known your license was suspended if you did not receive notice, if the notice went to an old address, or if the suspension happened without a hearing you were may have access to to. You may also argue that you drove because of an emergency — though Washington law does not recognize an emergency exception, the court may consider it during sentencing.

The state typically proves knowledge by showing that you received a notice of suspension in the mail, that you were cited for driving with a suspended license before, or that you admitted to the officer that you knew. If the state cannot prove you knew, the charge may be reduced or dismissed.

Your options if you are charged with third-degree driving while suspended

You have the right to a court hearing and the right to an attorney. If you cannot afford one, you can request a public defender at your first appearance. Do not ignore the charge or fail to appear — that will result in an arrest warrant and additional charges.

At your first appearance, the judge will set bail or release conditions. You may be released on your own recognizance (your promise to return), released with conditions (like not driving), or held on bail. If you are held on bail, your attorney can argue for a lower amount or release without bail.

After that, your attorney can negotiate with the prosecutor. Many third-degree cases are resolved through a plea agreement, where you plead guilty to a lesser charge (like second-degree) in exchange for a lighter sentence. Alternatively, your attorney can prepare for trial if you want to contest the charge.

Getting your license back after a third-degree conviction

After conviction, your license remains suspended. To restore it, you must first address the reason it was suspended. Contact the Department of Licensing to find out what you owe or what conditions you must meet.

Once you have resolved the underlying issue — paid the fines, brought child support current, completed a DUI program, or waited out the suspension period — you can request reinstatement. You will need to pay a reinstatement fee (currently $75 in Washington, though this can change) and submit proof that you have met all conditions.

If your suspension was for a DUI, you may also need to show proof of an ignition interlock device installation and completion of a substance abuse assessment. If it was for unpaid fines, bring a receipt showing payment. The DOL will review your request and either reinstate your license or tell you what else is needed.

The difference between second-degree and third-degree driving while suspended

Second-degree driving while suspended (RCW 46.20.343) applies when you have one prior conviction for driving with a suspended license within five years. The penalty is up to 60 days in jail and a fine up to $500. Third-degree applies when you have two or more prior convictions within five years, and the penalty is up to 90 days and up to $1,000.

Both are misdemeanors and both create a criminal record. The difference is mainly in the severity of the sentence. However, a second-degree conviction can become a third-degree if you are charged again within five years, so the window for avoiding the harshest penalty is limited.

If you are facing a second-degree charge and this is your first or second offense, an attorney may be able to negotiate a reduction to a traffic infraction or a deferred prosecution agreement, where the charge is dismissed if you meet certain conditions (like not driving with a suspended license for a set period).

Frequently Asked Questions

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

Washington law does not allow driving for any reason while your license is suspended, even for work or court appearances. However, you may be able to request a limited license from the Department of Licensing for essential purposes like work or medical treatment. You must file a petition with the court that suspended your license, and the judge has discretion to grant or deny it.

What happens if I am stopped while driving on a suspended license?

The officer will cite you for driving with a suspended license. If this is your third offense within five years, you will be charged with a misdemeanor and may be arrested on the spot or cited to appear in court. Do not resist or argue with the officer — ask for your attorney and do not answer questions about why you were driving.

Can I get the charge dismissed if I restore my license before trial?

Restoring your license does not automatically dismiss the charge. The criminal case and the license suspension are separate. However, restoring your license before trial may help your attorney argue for a lighter sentence if you plead guilty or are convicted, because it shows you have taken steps to comply with the law.

Will a third-degree conviction affect my ability to get a job?

Yes. A misdemeanor conviction appears on background checks and many employers will not hire someone with a criminal record. Some professions, like teaching, nursing, or law enforcement, have strict policies against hiring people with misdemeanor convictions. You should disclose the conviction on job applications, as lying about it can result in termination.

How long does a third-degree conviction stay on my record?

In Washington, a misdemeanor conviction stays on your criminal record permanently. You cannot have it expunged (erased) unless you were acquitted or the charges were dismissed. However, after a certain period (usually five to ten years depending on the offense), you may be able to have it sealed, which means it does not show up on most background checks, though law enforcement can still see it.