Driving with a suspended license in Washington is a criminal offense under RCW 46.20.342

In Washington State, operating a vehicle while your license is suspended is illegal and carries criminal penalties. RCW 46.20.342 is the statute that makes this a crime. The offense is classified as a misdemeanor in most cases, though it can be elevated to a felony if you have prior convictions or if you caused injury or death while driving suspended.

The law applies whether your suspension resulted from a DUI conviction, unpaid traffic tickets, failure to pay child support, medical reasons, or any other cause. Washington does not distinguish between different reasons for suspension when determining criminal liability — the act of driving itself is what violates the statute.

Understanding what the law says, what penalties you face, and what your options are can help you avoid this charge or respond appropriately if you are stopped.

Key Takeaways

  • Driving with a suspended license in Washington is a misdemeanor under RCW 46.20.342, with penalties including jail time, fines, and a longer suspension period.
  • A first offense typically results in up to 90 days in jail and a fine of $250 to $500, plus an additional license suspension.
  • Subsequent convictions within five years are treated as second or third offenses and carry steeper penalties, including up to one year in jail.
  • You can request a hearing to challenge the suspension itself, or you may be able to obtain a restricted license for essential driving like work or medical appointments.
  • If you are convicted, you will face a mandatory additional suspension period on top of the original suspension.

Criminal penalties for a first offense

A first conviction for driving with a suspended license under RCW 46.20.342 is a misdemeanor. You face up to 90 days in jail, a fine between $250 and $500, or both. In addition to these criminal penalties, the Department of Licensing will impose an additional license suspension — typically one year from the date of conviction.

This means your original suspension period is not erased; the new suspension runs on top of it. If your license was suspended for six months and you are convicted of driving suspended, you will face at least 18 months total without a valid license once both periods are served.

Courts have discretion in sentencing, so penalties can vary. Some judges may impose jail time, others may impose fines, and some may impose both. A criminal defense attorney can help you understand what a particular judge or prosecutor in your county typically does in these cases.

Escalated penalties for repeat offenses

If you have a prior conviction for driving with a suspended license within the past five years, a second offense is treated more severely. A second conviction carries up to 180 days in jail and a fine of $500 to $1,000. A third or subsequent conviction within five years is a gross misdemeanor, with penalties up to one year in jail and a fine of $1,000 to $5,000.

The five-year lookback period is measured from the date of the prior conviction, not the date of arrest. This means even if you completed your sentence years ago, a new arrest within five years of that conviction date will trigger the enhanced penalties.

Additionally, each new conviction adds another mandatory suspension period. A person with multiple convictions can find themselves unable to drive legally for several years, even after the original suspension reason has been resolved.

How suspension happens and what triggers it

A license suspension in Washington can result from many causes: a DUI or refusal to take a breath test, unpaid traffic fines or court costs, failure to pay child support, a medical condition reported by a doctor, or accumulation of too many points from traffic violations. The Department of Licensing sends notice of suspension by mail to your last known address.

You have the right to request a hearing to challenge the suspension, depending on the reason. For administrative suspensions (such as those following a DUI arrest), you have 20 days from the date of notice to request a hearing. For other suspensions, the timeline varies. If you believe the suspension was issued in error or if circumstances have changed, you should contact the Department of Licensing or consult an attorney about your options.

Even while a suspension is in place, you may be able to obtain a restricted license that allows you to drive for essential purposes — work, school, medical treatment, or court-ordered programs. The process and may be able to access depend on the reason for suspension and how long you have been suspended.

Restricted licenses and essential driving

Washington law allows courts and the Department of Licensing to issue a restricted license in certain circumstances. A restricted license permits you to drive only for specific purposes: commuting to and from work, attending school or a court-ordered treatment program, or obtaining medical care. Some restrictions also allow driving for child care or to maintain a household.

To obtain a restricted license, you typically must petition the court that imposed the suspension or contact the Department of Licensing directly. You will need to show that the restriction is necessary — for example, that you will lose your job if you cannot drive to work. The court or department will consider your circumstances and may grant a restricted license for a set period.

A restricted license does not erase the underlying suspension. It is a limited permission to drive for stated purposes only. Driving outside those purposes — for example, driving to a restaurant when your restriction allows only work and medical appointments — is still a violation of RCW 46.20.342 and can result in the same criminal charges.

What to do if you are stopped while suspended

If a police officer stops you and discovers your license is suspended, you will be cited for violating RCW 46.20.342. The officer will likely impound your vehicle or arrange for it to be towed, depending on department policy and whether a licensed driver is present to take control of it.

You will receive a citation with a court date. Do not ignore it. Failure to appear in court can result in an additional criminal charge and a warrant for your arrest. If you cannot afford an attorney, you can request a public defender at your first court appearance.

At your court date, you have options: you can plead guilty, plead not guilty and request a trial, or work with a prosecutor on a plea agreement. An attorney can advise you on the strength of the state's case and what outcomes are realistic in your situation. Some prosecutors may be willing to reduce charges or recommend lighter sentences in exchange for a guilty plea, particularly if this is your first offense.

Challenging the suspension itself

Before you are convicted of driving suspended, you may have the right to challenge the suspension that led to the charge. The process and timeline depend on why your license was suspended.

For administrative suspensions following a DUI arrest, you have 20 days from the date of notice to request a hearing with the Department of Licensing. At this hearing, you can argue that the suspension was improper or that the evidence does not support it. If you win the hearing, the suspension is lifted and you can legally drive again.

For other types of suspension — such as those for unpaid fines or child support — the process is different. You may be able to resolve the underlying issue (paying the fine, arranging a payment plan, or addressing the child support debt) and request that the suspension be lifted. Contact the Department of Licensing or the agency that imposed the suspension to learn what steps are required.

Challenging the suspension is separate from defending against the criminal charge. Even if you lose a hearing on the suspension, you can still defend yourself against the driving-suspended charge in criminal court. Conversely, winning a suspension hearing does not erase a criminal conviction if you have already been charged.

Long-term consequences beyond the criminal sentence

A conviction for driving with a suspended license creates a permanent criminal record in Washington. This record can affect employment, housing, professional licensing, and other areas of your life. Some employers conduct background checks and will not hire someone with a recent misdemeanor conviction.

The mandatory additional suspension imposed by the court means you will be unable to drive legally for an extended period. If your original suspension was for a serious reason — such as a DUI — the additional suspension compounds the problem and can make it difficult to maintain employment or meet family obligations.

Insurance companies also consider criminal convictions when setting rates. If you are able to drive again after your suspension ends, your insurance premiums will likely increase significantly, and some insurers may refuse to cover you at all.

Frequently Asked Questions

Can I get a restricted license while my suspension is active?

Yes, in many cases. You can petition the court or contact the Department of Licensing to request a restricted license for essential driving such as work or medical appointments. may be able to access and the process depend on the reason for your suspension and how long you have been suspended. Contact the Department of Licensing or consult an attorney about your specific situation.

What happens to my vehicle if I am stopped while driving suspended?

The vehicle will typically be impounded or towed at your expense. You will need to pay towing and storage fees to recover it. If another licensed driver is present at the time of the stop, the officer may allow that person to take control of the vehicle instead of impounding it.

Does a conviction for driving suspended affect my DUI case?

If you are facing both a DUI charge and a driving-suspended charge, they are separate offenses with separate penalties. A conviction on either one does not automatically affect the other, but they may be prosecuted together. An attorney can advise you on how the two charges interact in your case.

How long does a suspension last after a conviction?

The court will impose an additional suspension period, typically one year for a first offense. This runs on top of your original suspension period. The total time you cannot drive legally is the sum of both periods. For example, a six-month suspension plus a one-year additional suspension equals 18 months total.

Can I challenge the traffic stop itself if the officer had no reason to stop me?

Yes. If the officer stopped you without reasonable suspicion of a traffic violation or other crime, the stop may have been unlawful. An attorney can file a motion to suppress evidence obtained during an unlawful stop, which could result in the charges being dismissed. Discuss this with your attorney at your first court appearance.