A suspended license charge in Tacoma is a criminal misdemeanor, not a traffic ticket

If you drive in Washington State while your license is suspended, you can be charged with Driving While License Suspended (DWLS), which is a criminal offense. This is different from a traffic violation — it goes on your criminal record, carries jail time as a possible sentence, and affects your ability to get hired, rent housing, or obtain professional licenses. The charge exists because driving on a suspended license puts you and others at risk, and the state treats it seriously.

In Tacoma and King County, DWLS charges are prosecuted by the city or county prosecutor's office. A conviction can result in up to 90 days in jail for a first offense, fines between $250 and $1,000, and a longer suspension period. Even if you did not know your license was suspended — which is a possible defense — you are still responsible for knowing your license status before you drive.

Because this is a criminal charge, not a civil matter, you have the right to legal representation. Many people hire a criminal defense attorney in Tacoma to challenge the charge, negotiate with prosecutors, or argue for reduced penalties. Others work with a public defender if they cannot afford private counsel.

Key Takeaways

  • Driving on a suspended license in Washington is a criminal misdemeanor that appears on your record, not a traffic ticket.
  • A first DWLS conviction can result in up to 90 days in jail, fines of $250 to $1,000, and an extended license suspension.
  • Common defenses include lack of notice that your license was suspended, or that you were driving to an emergency or to reinstate your license.
  • You have the right to a public defender if you cannot afford a private criminal defense attorney.
  • The prosecutor may offer a plea deal or reduced charge if your attorney negotiates, depending on the facts of your case and your driving history.

Why your license suspension happened and how it affects the charge

Your DWLS charge is tied to the reason your license was suspended in the first place. Washington suspends licenses for unpaid traffic fines, failure to appear in court, DUI convictions, accumulating too many points, or failure to pay child support or court-ordered restitution. The prosecutor will have a record of why your license was suspended, and that reason becomes part of the case against you.

If your suspension was for unpaid fines or failure to appear, your attorney may be able to resolve the underlying issue — paying the fines or appearing in court — which can sometimes lead to the DWLS charge being reduced or dismissed. If your suspension was for a DUI or points accumulation, the charge is typically harder to defend, but your attorney can still argue for reduced penalties or negotiate a plea to a lesser charge.

You can check your current license status through the Washington Department of Licensing (DOL) website or by calling them. Knowing exactly why your license was suspended helps your attorney build a defense strategy.

Common defenses to a DWLS charge

The most common defense is lack of notice. If you can show that you did not receive notice of the suspension — for example, the DOL mailed the notice to an old address and you never saw it — your attorney can argue that you did not knowingly drive on a suspended license. This defense requires documentation: your current address, proof you did not live at the address where the notice was sent, and your driving record showing when the suspension took effect.

Another defense is necessity. Washington law allows driving on a suspended license in genuine emergencies — for example, driving someone to the hospital or calling 911. If you were driving to report a crime, respond to an when ready threat, or seek emergency medical care, your attorney can argue necessity. You will need to prove the emergency was real and that you had no reasonable alternative.

A third defense is that you were driving to reinstate your license. Washington allows a one-time exception for driving directly to the DOL office to reinstate your license, provided you are not suspended for DUI or reckless driving. If you were stopped on the way to the DOL, your attorney can argue this exception applies.

Your attorney may also challenge whether the officer had probable cause to stop you, or whether the traffic stop itself was lawful. If the stop was unlawful, the charge may be dismissed.

Plea deals and negotiation with the prosecutor

Many DWLS cases are resolved through a plea agreement rather than trial. The prosecutor may offer to reduce the charge to a traffic infraction (which is not a crime) or to a lesser misdemeanor. The offer depends on your driving history, the reason for the suspension, and whether you have prior DWLS convictions.

If you have no prior criminal record and the suspension was for a minor reason — like unpaid parking tickets — the prosecutor may be willing to reduce the charge or dismiss it if you pay the underlying debt and reinstate your license. If you have prior DWLS convictions or the suspension was for DUI, the prosecutor is less likely to offer a favorable deal, but negotiation is still possible.

Your attorney will review the prosecutor's evidence, assess the strength of your defenses, and advise you on whether to accept a plea or go to trial. This is a decision you make with your attorney's guidance, not a decision the attorney makes for you.

Sentencing and penalties if convicted

If you are convicted of DWLS in the first degree (driving with a suspended license for DUI or reckless driving), you face up to 90 days in jail and fines up to $1,000. If convicted of DWLS in the second degree (suspended for other reasons), the penalty is the same. A third or subsequent DWLS conviction within five years is a gross misdemeanor, which carries up to 364 days in jail.

Beyond jail and fines, a conviction results in a longer license suspension — typically an additional year or more. You will also have a criminal record, which affects employment, housing, professional licensing, and firearm ownership. Some employers, landlords, and professional boards will not hire or rent to someone with a DWLS conviction.

A judge may impose probation instead of jail time, especially for a first offense. Probation typically lasts one to two years and may include conditions like attending traffic school, paying restitution, or submitting to random drug testing. Violating probation can result in jail time.

Finding and working with a criminal defense attorney in Tacoma

If you cannot afford a private attorney, you can request a public defender through the Tacoma Municipal Court or King County Superior Court (depending on where you are charged). Public defenders are criminal lawyers employed by the county and have experience with DWLS cases. The process is free if you meet income requirements.

If you hire a private attorney, look for someone with experience in criminal defense and traffic-related charges in Tacoma or King County. Many offer free initial consultations where you can discuss the facts of your case and get an honest assessment of your options. Ask about their experience with DWLS cases specifically, and whether they have negotiated with the prosecutors in your jurisdiction before.

Your attorney will review the police report, the DOL suspension record, and any evidence of notice (or lack of notice) you received. They will also discuss your driving history, your financial situation, and your goals — whether you want to minimize jail time, avoid a criminal record, or get your license reinstated quickly.

Steps to reinstate your license after suspension

Reinstating your license is separate from resolving the DWLS charge, but doing so can help your case. To reinstate, you must first resolve the reason for the suspension — pay outstanding fines, appear in court, complete a DUI program, or satisfy a child support obligation. Then you explore for reinstatement through the Washington DOL.

The reinstatement process varies by the reason for suspension. If your license was suspended for unpaid fines, you pay the fines and a $100 reinstatement fee. If it was suspended for a DUI, you must complete an alcohol or drug treatment program and pay the reinstatement fee. The DOL will mail you a notice when your license is reinstated.

Showing the prosecutor that you have taken steps to reinstate your license — or that you have already done so — can strengthen your negotiating position. It demonstrates responsibility and may lead to a reduced charge or lighter sentence.

Frequently Asked Questions

Can I get a hardship license while my license is suspended?

Washington offers a Restricted Driving Permit (RDP) in some cases, which allows you to drive to work, school, or medical appointments while suspended. You must petition the court for an RDP, and approval depends on the reason for suspension and whether you have prior DWLS convictions. Your attorney can file this petition for you. An RDP does not erase the suspension, but it allows limited driving while the suspension is in effect.

What happens if I am stopped again while my license is still suspended?

A second DWLS charge within five years is treated more seriously than a first offense. The prosecutor is less likely to offer a favorable plea deal, and a judge is more likely to impose jail time. If you are charged a second time, having an attorney is even more critical. Do not drive on a suspended license again — the consequences compound quickly.

Will a DWLS conviction affect my car insurance?

Yes. A DWLS conviction is a criminal offense, and insurers treat it as a serious violation. Your rates will increase significantly, and some insurers may cancel your policy or refuse to renew it. You may need to obtain high-risk insurance, which is more expensive. This is another reason to fight the charge or negotiate for a reduced penalty.

Can I get the DWLS charge removed from my record later?

In Washington, a DWLS misdemeanor conviction can be vacated (erased) under certain conditions, typically after a waiting period and if you have no new convictions. A gross misdemeanor (third or subsequent DWLS) is harder to vacate. Your attorney can advise you on whether vacation is possible in your case and when you become may be able to access to petition for it.

What if I did not know my license was suspended?

Lack of knowledge is a defense, but you must prove it. The DOL is required to send notice of suspension to your address on file, but if you moved and did not update your address, you may not have received it. Gather evidence: your current address, proof you lived elsewhere when the notice was sent, and any documentation showing you did not receive the notice. Your attorney will use this to argue that you did not knowingly drive on a suspended license.