Driving While License Suspended Is a Criminal Charge in Washington

If you drive in Tacoma with a suspended license, you face criminal charges under Washington State law, not just a civil fine. The charge is Driving While License Suspended (DWLS), and it carries jail time, fines, and a longer suspension period — even if your original suspension was for something minor like unpaid traffic tickets.

Washington divides DWLS into three levels based on why your license was suspended and whether you knew it was suspended. First-degree DWLS (the most serious) applies when your license was suspended for certain traffic offenses or DUI-related reasons. Second-degree and third-degree charges carry lower penalties but still result in a criminal record.

Tacoma courts handle these cases in Pierce County Superior Court or District Court depending on the charge level. You have the right to legal representation, and the consequences of conviction are serious enough that working with a local attorney who understands Washington's DWLS statutes and Tacoma court procedures is important.

Key Takeaways

  • Driving with a suspended license in Washington is a criminal offense with potential jail time, not a traffic ticket you can pay and move on from.
  • The severity of the charge depends on why your license was suspended and whether you had notice of the suspension.
  • A conviction adds a criminal record and extends your suspension period, making it harder to get your license back.
  • Tacoma courts require you to appear in person for DWLS charges; you cannot straightforward pay a fine by mail.
  • An attorney can challenge whether you had proper notice of the suspension or explore other defenses specific to your case.

The Three Levels of DWLS Charges in Washington

First-Degree DWLS is the most serious. It applies when your license was suspended for a DUI conviction, a reckless driving conviction, a hit-and-run, or certain other traffic crimes. It also applies if you have two or more prior DWLS convictions in the past ten years. First-degree DWLS is a felony and carries up to one year in jail and a $5,000 fine.

Second-Degree DWLS applies when your license was suspended for reasons other than those listed above — such as unpaid traffic tickets, failure to pay child support, or accumulating too many points. It is a gross misdemeanor, meaning up to 364 days in jail and a $1,000 fine. You also face a mandatory minimum of five days in jail if convicted.

Third-Degree DWLS is the least serious but still a misdemeanor. It applies when you drive with a suspended license but did not know the suspension was in effect. This is the only level where lack of knowledge is a defense. A conviction carries up to 90 days in jail and a $250 fine.

The difference between these levels matters because it determines where your case is heard, what penalties you face, and what defenses are available to you. An attorney in Tacoma can review the reason your license was suspended and advise you on which level applies to your charge.

What Happens After a DWLS Arrest in Tacoma

After arrest, you will be booked into Pierce County Jail. You have the right to a bail hearing within 72 hours. The judge will decide whether to release you on your own recognizance, set bail, or hold you without bail. Your criminal history, ties to the community, and the specific charge level all factor into this decision.

You will then have an arraignment, usually within two weeks. At arraignment, you enter a plea and the court informs you of your rights. If you cannot afford an attorney, you can request a public defender at this hearing. Do not skip this appearance — failure to appear results in an additional charge and a warrant for your arrest.

After arraignment, your case moves through discovery (the prosecution shares evidence with your attorney) and may go to trial or result in a plea agreement. The timeline varies, but most cases resolve within three to six months unless they go to trial.

Common Defenses to DWLS Charges

The strongest defense is lack of notice. If you can show you did not know your license was suspended, you may be able to reduce the charge to third-degree DWLS or have it dismissed entirely. This requires evidence that the Department of Licensing did not properly notify you — for example, if you moved and did not update your address with the DMV.

Another defense is challenging whether the suspension was lawful. If the original suspension was entered in error or without proper procedure, your attorney can file a motion to dismiss the DWLS charge. This is less common but possible if the suspension was based on incorrect information.

A third option is challenging the traffic stop itself. If the officer had no legal reason to stop your vehicle, any evidence gathered during the stop — including discovery that your license was suspended — may be excluded from trial. This requires a motion to suppress evidence.

Your attorney may also negotiate a plea agreement that reduces the charge or results in a deferred prosecution agreement, where the charge is dismissed if you meet certain conditions (such as getting your license reinstated and staying out of trouble for a set period).

License Reinstatement After a DWLS Conviction

A DWLS conviction extends your suspension period. The Department of Licensing will add time to your existing suspension — typically six months to one year, depending on the charge level and your driving history. You cannot drive legally during this period, even with a restricted license.

To reinstate your license after the suspension period ends, you must contact the Washington Department of Licensing. You may need to pay a reinstatement fee (currently $75 for a standard reinstatement, though this can vary). You may also be required to pass a written test or vision test, depending on how long your license was suspended.

If your original suspension was for unpaid traffic tickets or child support, you must resolve those issues before the Department of Licensing will reinstate your license. This means paying the tickets or arranging a payment plan with the court.

Finding a DWLS Attorney in Tacoma

Look for an attorney licensed to practice in Washington State with experience in Pierce County courts and criminal traffic cases. Many attorneys offer free initial consultations where you can discuss the facts of your case and learn what defenses might explore.

Ask potential attorneys about their experience with DWLS cases specifically, their familiarity with the judges and prosecutors in Tacoma, and whether they have successfully negotiated reductions or dismissals in similar cases. You can search for local attorneys through the Washington State Bar Association's lawyer referral service or through local criminal defense directories.

If you cannot afford an attorney, request a public defender at your arraignment. Public defenders in Pierce County handle DWLS cases regularly and can provide the same legal representation as a private attorney.

Frequently Asked Questions

Can I get my license back before my case is resolved?

Not while the suspension is active. However, you may be able to request a restricted license that allows you to drive to work, school, or medical appointments. Your attorney can file a petition for a restricted license with the court. The judge has discretion to grant or deny this request based on your circumstances.

What if this is my second or third DWLS charge?

Repeat DWLS convictions carry harsher penalties. A second conviction within ten years results in mandatory jail time and a longer suspension. A third conviction can be charged as a felony. Your attorney should discuss the impact of your prior record on your current case and explore whether any prior convictions can be challenged or reduced.

Do I have to go to court in person for a DWLS charge?

Yes. DWLS is a criminal charge, not a traffic ticket. You must appear at arraignment and any other court hearings. Failure to appear results in an additional charge and a warrant for your arrest. Your attorney can sometimes appear on your behalf for certain pre-trial motions, but you will need to be present for plea hearings and trial.

Will a DWLS conviction affect my job or housing?

A criminal conviction can show up on background checks and may affect employment, housing, or professional licensing depending on your field. Some employers and landlords conduct background checks and may deny employment or housing based on a criminal record. Discuss this with your attorney — in some cases, a deferred prosecution or reduced charge may minimize these collateral consequences.

How much does a DWLS attorney cost in Tacoma?

Private attorney fees vary widely, typically ranging from $1,500 to $5,000 for a misdemeanor DWLS case that does not go to trial. Felony cases cost more. Many attorneys offer payment plans. If you cannot afford a private attorney, you have the right to a public defender at no cost.