Driving While License Suspended 3rd Degree in Washington
Driving While License Suspended 3rd Degree (DWLS 3rd) is a misdemeanor charge in Washington that means you drove a vehicle knowing your license was suspended. It is the least serious of Washington's three DWLS charges, but it still carries criminal penalties including jail time, fines, and a longer suspension. The charge applies when your suspension was for a reason like unpaid traffic tickets, failure to pay child support, or a medical condition — not for serious offenses like DUI or reckless driving.
If you are arrested for DWLS 3rd, you will face a criminal case in district court. A conviction becomes part of your permanent record and affects your ability to get your license back. Understanding what this charge means, what the penalties are, and what your options are can help you decide how to respond.
Key Takeaways
- DWLS 3rd Degree is a misdemeanor with penalties up to 90 days in jail and a $1,000 fine, plus court costs and restitution.
- Your license suspension will be extended by at least one additional year from the date of conviction, on top of any existing suspension.
- You can request a deferred prosecution agreement, which allows you to avoid a criminal conviction if you complete probation and other conditions.
- The prosecution must prove you knew your license was suspended; if you did not receive notice or were unaware, this can be a defense.
- Paying outstanding fines, child support, or other debts that caused the suspension may allow you to restore your license before trial.
Penalties for DWLS 3rd Degree in Washington
A conviction for DWLS 3rd Degree carries up to 90 days in jail and a fine up to $1,000. You will also owe court costs, which typically range from $100 to $300 depending on the court. If the suspension was due to unpaid fines or child support, you may be ordered to pay restitution — the full amount owed — as part of your sentence.
Beyond the when ready penalties, your license suspension will be extended. Washington law requires a mandatory one-year extension from the date of conviction. If your license was already suspended for five years, for example, a DWLS 3rd conviction adds another year to that suspension, making it six years total before you can even begin the restoration process.
A DWLS 3rd conviction also appears on your criminal record. This can affect employment, housing, professional licenses, and other opportunities. Some employers conduct background checks and will see the misdemeanor conviction.
Why Your License Was Suspended in the First Place
DWLS 3rd applies only when your suspension was for a "non-serious" reason. Common reasons include unpaid traffic fines, failure to pay child support, failure to appear in court, medical conditions reported to the Department of Licensing, or failure to maintain car insurance. These suspensions are typically shorter than those for DUI or reckless driving.
If your suspension was for a serious offense — such as DUI, vehicular assault, or reckless driving — you would be charged with DWLS 1st or 2nd Degree instead, which carry much harsher penalties. Knowing which category your suspension falls into matters for your case.
To find out why your license is suspended, you can contact the Washington Department of Licensing (DOL) at 360-902-3900 or check your status online at dol.wa.gov. Having this information before you go to court helps you and your attorney understand what needs to happen to resolve the underlying issue.
Defenses and Your Right to Challenge the Charge
The prosecution must prove three things to convict you of DWLS 3rd: that you drove a vehicle, that your license was suspended, and that you knew it was suspended. If any of these elements is missing, the charge may not hold up in court.
The most common defense is lack of knowledge. If you did not receive notice of the suspension, or if the notice was sent to an old address you no longer used, you may not have known your license was suspended. Washington requires that notice be sent to your address on file with the DOL, but if that address was incorrect, you have a potential defense. You can request records from the DOL showing what notice was sent and when.
Another defense is challenging whether you actually drove the vehicle. If someone else was driving, or if you were not operating the vehicle at the time of the stop, the charge should be dismissed. Your attorney can request dashcam footage, witness statements, or other evidence to support this.
Deferred Prosecution and Avoiding a Conviction
Washington allows defendants to request a deferred prosecution agreement in DWLS 3rd cases. This is a court-approved deal where you plead guilty but the conviction is held in abeyance — meaning it does not go on your record if you successfully complete probation and other court-ordered conditions.
Typical conditions include paying all fines and restitution, completing probation (usually 12 months), attending traffic school or a defensive driving course, and not driving with a suspended license again during the probation period. If you complete all conditions, the charge is dismissed and the guilty plea is withdrawn. Your record shows the case was dismissed, not that you were convicted.
Deferred prosecution is not automatic — you must request it, and the prosecutor must agree. Some prosecutors are more willing to offer it than others, depending on your driving history and the circumstances of your case. Your attorney can negotiate with the prosecutor on your behalf.
Restoring Your License After Suspension
Before your license can be restored, you must resolve the reason it was suspended in the first place. If it was suspended for unpaid fines, you must pay them. If it was for unpaid child support, you must bring your account current or set up a payment plan. If it was for failure to maintain insurance, you must provide proof of current coverage.
Once the underlying issue is resolved, you can request a license restoration through the DOL. You will need to submit proof that the issue has been addressed — a receipt showing fines paid, a letter from the child support enforcement office, or an insurance declaration page. The DOL will review your request and, if everything is in order, will restore your driving privileges.
If you are convicted of DWLS 3rd, the mandatory one-year extension begins on the date of conviction, not on the date of arrest. This means the clock does not start until after your trial or plea. Resolving the underlying suspension issue before trial can sometimes prevent the conviction from happening in the first place.
What to Do If You Are Arrested for DWLS 3rd
If you are stopped and cited for DWLS 3rd, you will receive a notice to appear in court. Do not ignore this notice — failing to appear will result in an additional charge and a warrant for your arrest. Mark the date and time on your calendar and plan to be there.
Before your court date, gather any documents that support your case: proof that you paid outstanding fines, proof of current insurance, letters from your employer, or any evidence that you did not know your license was suspended. Write down the names and contact information of any witnesses who can testify on your behalf.
Consider hiring a criminal defense attorney who has experience with DWLS cases in Washington. An attorney can review the evidence against you, negotiate with the prosecutor, request a deferred prosecution agreement, or represent you at trial. Many attorneys offer free initial consultations, so you can discuss your case before deciding whether to hire them.
Frequently Asked Questions
Can I drive to work or to court if my license is suspended?
No. Driving for any reason while your license is suspended is illegal in Washington, even if it is to get to work or to court. If you are arrested again, you will face another DWLS charge. Some people request a work permit or a restricted license from the DOL, but these are rarely granted for DWLS 3rd suspensions. Your attorney can advise whether this is an option in your case.
Will a DWLS 3rd conviction affect my car insurance?
Yes. A misdemeanor conviction will likely cause your insurance rates to increase significantly, and some insurers may cancel your policy. You may be required to file an SR-22 form with the DOL, which is proof of financial responsibility. This requirement typically lasts for three years and makes insurance more expensive.
What if I was not the one driving the car?
If someone else was driving, you cannot be convicted of DWLS 3rd. However, you may still face other charges depending on the circumstances — for example, if you knowingly allowed someone else to drive your vehicle while your license was suspended, you could face charges related to that. Tell your attorney when ready if you were not driving.
Can I get the charge dismissed if I pay the fines that caused the suspension?
Paying the fines will resolve the underlying suspension and may help your case, but it will not automatically dismiss the DWLS 3rd charge. However, paying the fines before trial shows the court that you are taking responsibility, and it may help you negotiate a better outcome with the prosecutor or judge. Your attorney can use this as leverage in plea negotiations.
How long does a DWLS 3rd conviction stay on my record?
A misdemeanor conviction in Washington stays on your criminal record permanently. However, you may be able to have it vacated (erased) after a certain amount of time if you meet specific conditions. For DWLS 3rd, you can petition to vacate the conviction after one year if you have completed all conditions of your sentence and have not been convicted of any other crimes. Talk to your attorney about this option.