Driving with a suspended license in Washington is a criminal offense, and the penalty depends on how many times you have been convicted of it before

In Washington State, driving while license suspended in the third degree (RCW 46.20.342) is the least serious of three suspended-license driving charges, but it is still a crime. A third-degree charge means this is your first or second conviction for driving with a suspended license. The difference between first, second, and third degree matters because each carries different jail time, fines, and license consequences.

Third-degree is a misdemeanor, which means you could face up to 90 days in jail and fines up to $1,000. You will also face additional license suspension on top of whatever suspension was already in place. Understanding what led to the suspension in the first place — and what happens next — helps you make decisions about how to respond.

Key Takeaways

  • Third-degree suspended-license driving in Washington is a misdemeanor with possible jail time up to 90 days and fines up to $1,000.
  • A third-degree charge means you have one or two prior convictions for the same offense; a first offense would be charged differently.
  • Your license will be suspended for an additional period beyond whatever suspension was already in place when you were stopped.
  • The reason your license was suspended originally (unpaid tickets, DUI, medical suspension) does not change the criminal charge, but it affects how you restore driving privileges later.
  • You have the right to contest the charge in court, and the prosecution must prove you knew your license was suspended.

How license suspension works in Washington

Your license can be suspended for several reasons: unpaid traffic tickets or fines, a DUI or reckless driving conviction, accumulating too many points, a medical condition, or failure to appear in court. The Department of Licensing (DOL) sends notice by mail when a suspension takes effect, but the law assumes you received it even if you did not.

Once suspended, you are not legally allowed to drive. Driving anyway — even if you did not receive the notice, even if you did not know why it was suspended, even if you were driving to the courthouse to fix it — is the offense. The prosecution does not have to prove you knew the specific reason for the suspension, only that you knew your license was not valid.

The difference between first, second, and third degree

Washington charges suspended-license driving in three degrees based on your history:

  • First degree (RCW 46.20.340): You have two or more prior convictions for suspended-license driving, or you were driving with a suspended license due to a DUI-related suspension. This is a gross misdemeanor with up to 364 days in jail and fines up to $5,000.
  • Second degree (RCW 46.20.341): You have one prior conviction for suspended-license driving. This is a misdemeanor with up to 90 days in jail and fines up to $1,000, plus mandatory license suspension.
  • Third degree (RCW 46.20.342): This is your first or second offense. This is a misdemeanor with up to 90 days in jail and fines up to $1,000.

The charge you face depends on what is in your driving record, not on the circumstances of the stop. If you have never been convicted of suspended-license driving before, you will be charged with third degree even if you were driving recklessly or caused an accident.

What the court will examine

The prosecution must prove three things: that your license was suspended, that you drove a vehicle, and that you knew your license was suspended. The third element is where many cases turn. You cannot be convicted if you genuinely did not know — for example, if you never received notice and had no reason to believe your license was invalid.

However, the law does not require the prosecution to prove you received the notice in your hands. If DOL mailed it to your address on file, the court will assume you received it. If you moved and did not update your address with DOL, that is your responsibility. If you received a notice but did not read it, that does not help your case.

The officer who stopped you will testify about what you said during the stop. If you told the officer your license was suspended, or if you could not produce a valid license, that strengthens the prosecution's case. If you told the officer you thought your license was valid, that weakens it.

Penalties and what happens to your driving record

If you are convicted of third-degree suspended-license driving, the court will impose a sentence that may include jail time, fines, or both. Many courts offer alternatives such as work-release programs or electronic home monitoring instead of jail, but that depends on the judge and your circumstances.

Beyond the criminal sentence, your license will be suspended for an additional period. The length varies, but it is typically at least one year. This suspension is separate from and in addition to whatever suspension was already in place. If your license was suspended for unpaid tickets, and you are now convicted of driving while suspended, you will face both the original suspension and a new one.

The conviction itself will appear on your driving record permanently. This affects your ability to get a commercial driver's license, your insurance rates, and your record if you are charged with suspended-license driving again in the future.

Steps to restore your driving privileges after conviction

After your suspension period ends, you cannot straightforward start driving again. You must take active steps to restore your license through the Department of Licensing. The exact process depends on why your license was suspended originally.

If the suspension was for unpaid fines or tickets, you must pay them in full before DOL will consider restoration. If it was for a medical reason, you must provide a doctor's clearance. If it was for accumulating points, you may need to take a driver improvement course. You will also pay a restoration fee to DOL, which varies but is typically $100 to $200.

You can contact the Department of Licensing at 1-360-902-3900 or visit their website to find out what specific steps explore to your suspension. Having a clear list before you start the process saves time and prevents delays.

Your options if you are charged

If you have been arrested or cited for third-degree suspended-license driving, you have the right to contest the charge in court. You can represent yourself, but many people find it helpful to speak with a criminal defense attorney, especially if you have prior convictions or if the circumstances are complicated.

Some cases are resolved through a plea agreement, where you plead guilty to a reduced charge or the prosecution agrees to recommend a lighter sentence. Other cases go to trial, where the prosecution must prove its case beyond a reasonable doubt. An attorney can review the evidence, the officer's report, and your driving record to advise you on your best options.

If you cannot afford an attorney, you can request a public defender at your first court appearance. The judge will determine whether you meet the income requirements.

Frequently Asked Questions

Can I drive to the courthouse or to the Department of Licensing to fix my suspension?

No. Driving for any reason while your license is suspended is illegal, even if you are driving to resolve the suspension. If you are stopped, you will be charged. Use a taxi, rideshare service, public transit, or ask someone else to drive you.

What if I did not know my license was suspended?

Not knowing is a defense, but it is difficult to prove. The court will look at whether you received notice from DOL, whether your address was current, and whether you had any reason to believe your license was invalid. If you moved without updating your address with DOL, the court will likely assume you received the notice anyway.

Does a third-degree charge go on my record permanently?

Yes, a criminal conviction stays on your driving record. However, Washington allows some misdemeanor convictions to be vacated (erased) after a waiting period if you meet certain conditions. You would need to petition the court, and the judge decides whether to grant it. An attorney can advise you on whether your case qualifies.

What is the difference between a suspended license and a revoked license?

A suspended license is temporary — it will be restored after you meet certain conditions or after a set period. A revoked license is permanent or very long-term and usually requires a formal hearing to challenge. Driving with a revoked license is a more serious charge than driving with a suspended license.

Will this affect my car insurance?

Yes. A suspended-license driving conviction will likely increase your insurance rates significantly or cause your insurer to drop you. You may need to find a high-risk insurer, which charges much higher premiums. Some insurers will not cover you at all until several years have passed since the conviction.