Whether It's a Felony Depends on Your Driving Record and Why Your License Was Suspended

Driving with a suspended license in Washington State is not automatically a felony, but it can become one. The charge starts as a misdemeanor for a first or second offense within five years. A third offense within five years becomes a gross misdemeanor. A fourth or subsequent offense within five years is charged as a felony — a Class C felony, which carries up to five years in prison and a $10,000 fine.

The reason your license was suspended also matters. If you were driving with a suspended license due to a suspended license for unpaid traffic fines or administrative reasons, you face the escalating penalties above. But if your license was suspended because of a DUI conviction, the penalties are harsher from the start: even a first offense is a gross misdemeanor, and a second offense within ten years is a Class C felony.

Washington State also has a separate charge called Driving While License Suspended or Revoked in the First Degree, which applies when your license was suspended or revoked for certain serious reasons — such as a conviction for vehicular assault, vehicular homicide, or habitual traffic offender status. This charge is always a felony, regardless of prior offenses.

Key Takeaways

  • A first or second offense of driving with a suspended license is a misdemeanor; a third offense within five years is a gross misdemeanor; a fourth or more is a Class C felony.
  • If your license was suspended because of a DUI, even a first offense is a gross misdemeanor, and a second offense within ten years is a felony.
  • Driving with a suspended license when your suspension was for serious reasons like vehicular assault or habitual traffic offender status is always a felony.
  • Washington courts look at your driving history within the relevant time window — five years for most suspensions, ten years for DUI-related suspensions.

How Washington Counts Prior Offenses

Washington State uses a five-year lookback window for most driving-with-suspended-license charges. This means the court counts any prior convictions for the same offense that occurred within the five years before your current arrest. If you were convicted of driving with a suspended license in 2019 and arrested again in 2024, that 2019 conviction counts toward your current charge because it falls within the five-year window.

For DUI-related suspensions, the lookback window is ten years instead of five. This means a DUI-related driving-with-suspended-license conviction from 2014 would still count if you were arrested for the same offense in 2024.

The court also distinguishes between the reason for the suspension itself. A suspension for unpaid fines, failure to appear, or administrative violations follows the standard escalation. A suspension specifically tied to a DUI conviction does not — it jumps straight to gross misdemeanor for the first offense.

Felony Charges for Driving While License Suspended in the First Degree

Washington has a separate, more serious charge: Driving While License Suspended or Revoked in the First Degree, codified in RCW 46.20.342. This is always a Class C felony, regardless of how many times you have been convicted before.

You can be charged with this felony if your license was suspended or revoked for any of these reasons:

  • A conviction for vehicular assault or vehicular homicide.
  • A conviction for driving under the influence (DUI) or physical control of a vehicle while under the influence.
  • A conviction for reckless driving.
  • A conviction for hit-and-run involving injury or death.
  • Habitual traffic offender status (three or more moving violations within five years, or certain serious violations).
  • A suspension ordered by the Department of Licensing for medical reasons or because you failed or refused a breath or blood test.
  • A suspension for failure to pay child support or criminal fines.

If your license falls into any of these categories and you drive anyway, you are charged with the felony version, not the misdemeanor version. This charge carries a mandatory minimum penalty and a permanent criminal record.

Penalties: Prison Time, Fines, and License Consequences

The criminal penalties escalate with each offense. A first or second misdemeanor conviction carries up to 90 days in jail and a fine of up to $1,000. A gross misdemeanor (third offense, or first DUI-related offense) carries up to 364 days in jail and a fine of up to $5,000. A Class C felony (fourth or subsequent offense, or second DUI-related offense within ten years, or First Degree charge) carries up to five years in prison and a fine of up to $10,000.

Beyond criminal penalties, a conviction for driving with a suspended license triggers additional license consequences. The Department of Licensing will extend your suspension period. For a misdemeanor, the extension is typically six months to one year. For a gross misdemeanor or felony, the extension is one to three years. If your license was already suspended for a serious reason, a conviction may result in revocation instead of suspension — meaning you must reapply for a license rather than straightforward wait out the suspension period.

A felony conviction also creates collateral consequences: you lose the right to vote during incarceration, you may lose professional licenses, and you will have a permanent criminal record that affects employment, housing, and other opportunities.

What Happens If You Are Arrested for This Charge

If you are stopped while driving with a suspended license, the officer will run your license through the Department of Licensing database. If the suspension is active, you will be arrested or cited. Whether you are taken into custody depends on the severity of the charge and your criminal history.

For a misdemeanor first offense, you will likely receive a citation and be released. For a gross misdemeanor or felony charge, you may be held pending an initial appearance before a judge, usually within 72 hours. At that appearance, the judge will set bail or release conditions.

You have the right to a lawyer. If you cannot afford one, you can request a public defender at your first court appearance. Do not delay — the sooner you have legal representation, the sooner you can understand your options and begin negotiating with the prosecutor.

Defenses and Mitigating Factors

A few defenses exist, though they are narrow. You may argue that you did not know your license was suspended, but this is difficult to prove — Washington presumes you received notice when the Department of Licensing mailed it to your address on file. You may also argue that the suspension was invalid or that the officer lacked probable cause to stop you, but these require specific factual circumstances.

More commonly, a lawyer will negotiate with the prosecutor to reduce the charge or recommend a deferred prosecution agreement. In a deferred prosecution, you plead guilty but the conviction is held in abeyance — if you comply with conditions (such as not driving, paying fines, or attending a traffic safety course) for a set period, the charge is dismissed. This avoids a permanent criminal record, though the arrest record remains.

Mitigating factors that may help in sentencing or negotiation include a long gap since your last offense, evidence that you were unaware of the suspension, hardship caused by the suspension (such as loss of employment), and your overall driving and criminal history.

How to Restore Your License After a Suspension

Restoring your license after a suspension requires you to meet the conditions that led to the suspension in the first place. If your license was suspended for unpaid fines, you must pay them. If it was suspended for failure to appear in court, you must resolve the underlying case. If it was suspended for a DUI, you may need to complete a DUI education program and install an ignition interlock device.

Once you have met those conditions, you can request reinstatement from the Department of Licensing. You will need to pay a reinstatement fee, which varies depending on the reason for the suspension — typically between $100 and $250. The Department will then restore your driving privileges, usually within a few business days of receiving your request and payment.

If you are unsure what conditions explore to your suspension, contact the Department of Licensing directly or check your suspension notice. Driving before your suspension is lifted, even if you believe you have met the conditions, is still illegal and will result in the charges described above.

Frequently Asked Questions

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

Washington allows a restricted driving permit in some cases, but only for specific reasons — such as driving to and from work, medical appointments, or court-ordered alcohol treatment. You must petition the court or the Department of Licensing, and approval is not may provide. Driving outside the scope of the permit is still a violation of the suspension.

What if I did not know my license was suspended?

Lack of knowledge is not a defense in Washington. The Department of Licensing is required to mail a suspension notice to your address on file, and the law presumes you received it. If you moved and did not update your address with the Department, that is your responsibility. However, if you can prove the notice was never mailed due to a Department error, you may have a defense — this requires documentation.

Does a conviction for driving with a suspended license show up on a background check?

Yes. A misdemeanor conviction shows up on criminal background checks. A gross misdemeanor or felony conviction is visible to employers, landlords, and others who run background checks. Even if the charge is later dismissed or reduced, the arrest record remains visible unless you petition to have it sealed.

Can I be charged if I was not actually driving, just sitting in the car?

Washington law requires actual driving — not just sitting in the vehicle. However, "driving" includes starting the engine and moving the vehicle, even a short distance. If you were parked and the officer saw you turn the key or move the car, you can be charged. If you were parked with the engine off, the charge is much harder to prove.

What is the difference between a suspension and a revocation?

A suspension is temporary — your license is removed for a set period, after which you can request reinstatement. A revocation is permanent — you must reapply for a license and meet new requirements, which may include a written test, driving test, or proof of completion of a safety course. Revocations are typically imposed for serious violations like habitual traffic offender status or vehicular homicide convictions.