Driving While License Suspended or Revoked

Driving While License Suspended, First Degree: A person who has been declared a Habitual Traffic Offender (HTO) in the State of Washington faces a seven year driver’s license revocation. The driver can apply for early reinstatement after 4 years. In general, this will be granted if the driver has no new criminal charges and can demonstrate they now have respect for Washington’s traffic laws. In some cases, it is possible to have the suspension stayed altogether. Driver’s receiving early reinstatement or a stay of revocation will usually be given a probationary license. The probationary license requires strict compliance with certain condition or the suspension will go into place (for seven years if stayed or the remainder of suspension if early reinstatement).

DWLS 1 is a gross misdemeanor, punishable by up to a year in jail, a $5000 fine and a additional one year suspension. Like a DUI, there are also mandatory minimum sentences the judge must impose if someone is convicted of DWLS 1. First time offenders must be sentenced to at least 10 days detention. Second offenses mandate 90 days and a third (or subsequent) offense will result in at least 180 days jail. Unlike DUI, there is no time limit for considering prior offenses and a prior 25 years ago counts the same as one last month.

A driver becomes a HTO if he or she is convicted of three major moving violations (DUI, Physical Control, Hit & Run Attended, Reckless Driving, Vehicular Assault, Vehicular Homicide, DWLS 2, or Attempting to Elude a Police Officer) within a five year period (date of offense applies, not date of conviction). A person who receives twenty or more convictions and/or traffic infractions, in the operation of a motor vehicle” within a five year period may also be declared HTO.

To defend a DWLS 1 case you need an attorney that not only understands criminal law, but also has a good grasp on Due Process Rights, the Fourth Amendment and the procedural requirements placed on Washington DOL in HTO cases.

Driving While License Suspended, Second Degree: A person is suspended or revoked in the second degree if their license is suspended for one of the following convictions:
(i) felony in the commission of which a motor vehicle was used;
(ii) prior DWLS 2;
(iii) offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances committed by minors;
(iv) violation of restrictions of an occupational driver’s license, a temporary restricted driver’s license, or an ignition interlock driver’s license;
(v) presenting an invalid, suspended or revoked license;
(vi) hit & run, attended vehicle;
(vii) attempting to elude pursuing police vehicles;
(viii) reckless endangerment of emergency zone workers;
(ix) reckless driving;
(x) DUI or Physical Control;
(xi) vehicular homicide;
(xii) vehicular assault;
(xiii) reckless endangerment of roadway workers;
(xiv) racing of vehicles on highways;
(xv) leaving children in an unattended vehicle with motor running;
(xvi) theft of motor vehicle fuel;
(xvii) attempting, aiding, abetting, coercing certain crimes;
(xviii) DOL administrative suspension; or
(xix) local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.

DWLS 2 is also a gross Misdemeanor punishable by up to a year in jail, $5000 fine and a one year license suspension. There are no mandatory minimum sentences a judge must impose. In addition, if the driver is relicensed at the time of sentencing, the judge can sign an order requesting that DOL not issue the one year suspension.

2011 Update: 2011 Washington legislation amended the DWLS 2 statute to make clear that driving without an Interlock Ignition License when required is a gross misdemeanor and the person is guilty of driving without a license in the second degree.

Driving While License Suspended, Third Degree: A driver is “DWLS 3″ if he or she has been suspended for no payment of a fine, failure to appear in court, delinquent child support, uninsured accident and a number of other reasons listed in RCW 46.20.342(1)(c). If a driver has been suspended in the second degree or first degree and is now eligible to reinstate, but has not yet done so, the suspension is also third degree.

DWLS 3 is a misdemeanor that can result in 90 days and a $1000 fine. There is no additional license suspension and no mandatory minimum sentences. DWLS 3 also does not count as a major moving violation for a finding of Habitual Traffic Offender.

Driver Licensing Compact: This is an interstate licensing compact involving Washington and 43 other states. These states report license status to each other and are obligated to honor suspensions issued in other states. This means that if your license is suspended or revoked in Oregon, California or any of the other states participating in this agreement, your license is also suspended in Washington. It is important to understand that what is really suspended is your privilege to drive in this State. Thus, even if you have never had a Washington license, you can still be charged with (and convicted of) driving while license suspended.

Suspension vs. Revocation: In Washington, the only difference between suspension and revocation is the length of time. If you’re driving privilege is taken away for more than a year you license is revoked. A year or less, and your license is suspended.

Contact the Law Office of Scott Lawrence, PLLC to find out how you can fight your Washington State Driving While License Suspended charge in in Everett, Edmonds, Woodway, Mountlake Terrace, Lynnwood, Brier, Bothell, Woodinville, Monroe, Mukilteo, Sultan, Gold Bar, Index, Start Up, Stevens Pass, Highway 2, Highway 9, Snohomish, Maltby, Tulalip, Marysville, Arlington, Granite Falls, Darrington, Evergreen, Cascade, and South Division.