Driving While License Suspended 3rd Degree in Washington

Driving While License Suspended 3rd Degree (DWLS 3rd) is the least serious of Washington's three suspended-license violations, but it is still a criminal offense that carries jail time, fines, and a mandatory license suspension extension. You commit this offense when you drive knowing your license is suspended and the suspension was not imposed as a sentence for a crime — meaning it came from a civil action like unpaid traffic tickets, failure to pay child support, or a medical suspension.

The distinction matters because Washington law treats DWLS differently depending on why your license was suspended in the first place. If your suspension resulted from a criminal conviction (like a DUI), driving on that suspended license is a more serious charge. DWLS 3rd applies when the suspension came from a non-criminal source: the Department of Licensing (DOL) suspended you administratively, or a court suspended your license as a civil penalty rather than a criminal sentence.

Understanding the charge, the penalties, and your options after arrest is essential because a conviction creates a permanent criminal record and makes future license reinstatement harder.

Key Takeaways

  • DWLS 3rd Degree is a gross misdemeanor in Washington, punishable by up to 364 days in jail and fines up to $1,000, plus mandatory license suspension extension.
  • The charge applies only when your original suspension came from a civil source (unpaid fines, child support, medical suspension) rather than a criminal conviction.
  • A second or subsequent DWLS conviction within ten years can elevate the charge to a felony, which carries up to five years in prison.
  • You must reinstate your license through the Department of Licensing before you can legally drive again, and reinstatement requires paying all outstanding fines, fees, and court costs.
  • If you were unaware your license was suspended, that is not a legal defense in Washington, but it may affect how a prosecutor or judge views your case.

The Criminal Penalties for DWLS 3rd Degree

DWLS 3rd Degree is classified as a gross misdemeanor under Washington Revised Code 46.20.342. The maximum penalty is 364 days in jail, a fine up to $1,000, or both. In practice, sentences vary widely depending on your criminal history, the circumstances of the stop, and whether you caused an accident or endangered others.

Many first-time DWLS 3rd offenders receive a suspended jail sentence (meaning you do not serve time unless you violate probation), a fine, and probation. However, judges have discretion, and some impose jail time, especially if you have prior traffic violations or criminal history. The court will also impose court costs and may order you to complete a driver improvement course.

Beyond the when ready penalty, a DWLS 3rd conviction creates a permanent criminal record. This record can affect employment, housing, professional licensing, and firearm ownership. It is not a felony, so it does not carry the same collateral consequences as a felony conviction, but it is still a crime of moral turpitude in some contexts.

When DWLS 3rd Applies Versus More Serious Charges

Washington law creates three levels of suspended-license violations, and the distinction hinges on why your license was suspended. DWLS 3rd applies when the suspension came from a civil or administrative action. This includes suspensions for unpaid traffic fines, failure to pay child support, failure to appear in court, medical suspension (due to a seizure disorder or other medical condition), or administrative suspension by the Department of Licensing for other non-criminal reasons.

DWLS 2nd Degree applies when your license was suspended as a result of a criminal conviction — typically a DUI, reckless driving, or other crime. DWLS 2nd is also a gross misdemeanor but is treated more seriously by prosecutors and judges because it involves driving after a court-imposed criminal penalty.

DWLS 1st Degree is a felony and applies when you have two or more DWLS convictions within ten years, or when you drive with a suspended license and cause injury or death to another person. A felony DWLS conviction can result in up to five years in prison.

If you are charged with DWLS and unsure which degree applies, ask your attorney or the prosecutor which suspension triggered the charge. The answer determines the severity of the offense and your sentencing exposure.

How Your License Became Suspended in the First Place

Before you can address the DWLS charge, you need to understand why the Department of Licensing suspended your license. Common reasons include unpaid traffic tickets or court fines, failure to pay child support, failure to appear in court, failure to maintain auto insurance, medical suspension, or suspension for accumulating too many traffic violations in a short period.

The DOL sends notice of suspension by mail to your address on file. If you moved and did not update your address with the DOL, you may not have received the notice — but Washington courts have ruled that lack of notice is not a defense to DWLS. You are responsible for knowing your license status, and you can check it anytime through the DOL website or by calling their customer service line.

If your suspension resulted from unpaid fines or child support, you cannot reinstate your license until those debts are paid. If it resulted from a medical condition, you must provide medical clearance from a doctor. If it resulted from too many violations, you may need to wait out a suspension period or complete a driver improvement course before reinstatement is possible.

What Happens After a DWLS 3rd Arrest

If you are stopped and cited for DWLS 3rd, you will receive a citation or be arrested depending on the officer's judgment and your criminal history. You will be required to appear in court on the date listed on the citation. Do not ignore this date — failure to appear is a separate criminal offense and will result in an additional charge and an arrest warrant.

At your first court appearance, you will be advised of the charge, your rights, and the potential penalties. You have the right to an attorney; if you cannot afford one, you can request a public defender. Many people plead guilty at this stage, especially if the facts are straightforward (you were driving, your license was suspended, you knew it). However, you also have the right to contest the charge or negotiate a plea agreement with the prosecutor.

Some prosecutors will reduce a DWLS 3rd charge to a traffic infraction (Driving with License Suspended, a non-criminal violation) if you have no prior criminal history and the circumstances are minor. This is not may provide, but it is worth discussing with your attorney. A traffic infraction carries a fine but no jail time and no criminal record.

Reinstating Your License After a DWLS Conviction

After a DWLS 3rd conviction, your license remains suspended, and the court will typically extend the suspension period by an additional amount (often six months to one year, depending on the judge). You cannot legally drive until you complete reinstatement with the Department of Licensing.

Reinstatement requires you to clear all underlying reasons for the original suspension. If the suspension was for unpaid fines, you must pay them. If it was for unpaid child support, you must make arrangements with the child support enforcement office. If it was medical, you must provide a doctor's clearance. You must also pay the DOL reinstatement fee (currently $100, though this may vary) and any late fees that have accrued.

Once you have satisfied all requirements, you can submit a reinstatement request to the DOL online, by mail, or in person at a DOL office. The DOL will process your request and notify you when your license is reinstated. You should receive written confirmation; keep this document in case you are stopped by police before your new license arrives in the mail.

If you cannot afford to pay fines or fees when ready, contact the court that imposed the sentence and ask about payment plans or hardship waivers. Some courts will work with you to spread payments over time. The DOL may also offer a payment plan for reinstatement fees.

Defending Against a DWLS 3rd Charge

Most DWLS 3rd cases are straightforward — you were driving, your license was suspended, and the state can prove both facts. However, there are limited defenses worth exploring with an attorney.

One possible defense is that you were not actually driving. If you were a passenger or the vehicle was parked, you cannot be convicted of DWLS. Another is that your license was not actually suspended at the time of the stop. This is rare but can happen if the DOL made an error or if the suspension was lifted before the stop occurred. Your attorney can request DOL records to verify the suspension status on the date in question.

A third possibility is challenging the legality of the traffic stop itself. If the officer had no legal reason to stop your vehicle, any evidence obtained during the stop (including discovery of the suspended license) may be inadmissible. This requires a motion to suppress evidence, which your attorney can file if the circumstances support it.

Lack of knowledge that your license was suspended is not a legal defense in Washington, but it may be relevant to sentencing. If you can show that you made a good-faith effort to maintain a valid license and were unaware of the suspension due to circumstances beyond your control, a judge may impose a lighter sentence.

Avoiding a Second DWLS Conviction

If you have already been convicted of DWLS once, a second conviction within ten years becomes a felony (DWLS 1st Degree), which carries up to five years in prison. This makes it critical to avoid driving on a suspended license after your first conviction.

After reinstatement, check your license status regularly through the DOL website. If you receive a traffic ticket or notice of unpaid child support, address it when ready to prevent another suspension. If you cannot afford to pay a fine, contact the court and ask about a payment plan before the important date passes. If you face a medical suspension, follow your doctor's instructions and provide the required clearance to the DOL as soon as you are able.

If your license is suspended again for any reason, do not drive. Use public transportation, rideshare services, or ask friends or family for rides. The cost of a second DWLS conviction — in jail time, fines, and a felony record — far exceeds the cost of finding alternative transportation.

Frequently Asked Questions

Is not knowing my license was suspended a defense to DWLS 3rd?

No. Washington courts have ruled that lack of knowledge is not a legal defense. You are responsible for knowing your license status. However, if you can show you made a good-faith effort to maintain a valid license and were unaware due to circumstances beyond your control (such as not receiving mail notice), a judge may consider this at sentencing and impose a lighter penalty.

Can I get the charge reduced to a traffic infraction?

Possibly. Some prosecutors will reduce DWLS 3rd to a traffic infraction if you have no prior criminal history and the circumstances are minor. This is negotiated between your attorney and the prosecutor and is not may provide. A traffic infraction carries a fine but no jail time and no criminal record, so it is worth discussing with your attorney.

What if I was driving someone else's car and did not know my license was suspended?

You are still guilty of DWLS 3rd if you drove the vehicle knowing or having reason to know your license was suspended. Whose car you were driving does not matter. However, if you genuinely did not know your license was suspended and can provide evidence of that (such as a change of address that prevented you from receiving notice), your attorney may be able to argue for a reduced sentence.

How long does a DWLS 3rd conviction stay on my record?

A DWLS 3rd conviction is a permanent criminal record in Washington. It does not disappear after a certain number of years. However, you may be able to petition for a vacation of the conviction (essentially erasing it from your record) if you meet certain criteria, such as completing probation successfully and waiting a specified period. Consult with an attorney about whether vacation is possible in your case.

Will a DWLS 3rd conviction affect my ability to get a job or housing?

Yes, potentially. A criminal conviction can appear on background checks and may be considered by employers and landlords. However, DWLS 3rd is a misdemeanor, not a felony, so its impact is generally less severe than a felony conviction. Some employers and landlords will overlook a single misdemeanor, especially if it is old or if you can explain the circumstances. Others may decline to hire or rent to you. It depends on the employer or landlord's policies.