What Is the Difference Between DWLS 1st, 2nd, and 3rd Degree in Washington?

Driving While License Suspended or Revoked (DWLS) in Washington is not a traffic ticket. It is a criminal offense that can carry jail time, a permanent criminal record, and long-term damage to your ability to legally drive. Many drivers mistakenly believe DWLS is a paperwork issue that can be fixed later. In reality, DWLS charges escalate quickly and often trap people in a cycle that becomes harder to escape with each conviction.

DWLS Is a Criminal Offense, Not a Civil Infraction

Under Washington law, driving with a suspended or revoked license is charged as a misdemeanor or gross misdemeanor, depending on the degree. Unlike speeding or camera tickets, DWLS creates a criminal record and exposes drivers to arrest, jail, probation, and additional license consequences.

DWLS is divided into three degrees, based on why the license was suspended or revoked at the time of the stop.

DWLS 1st Degree: The Most Serious Charge

DWLS in the First Degree applies when a driver operates a vehicle while their license is revoked due to the most serious violations.

This includes driving:

• While designated a Habitual Traffic Offender (HTO)

• After a revocation for felony-level driving offenses

DWLS 1st Degree is a gross misdemeanor under Washington law.

Mandatory Jail Exposure for DWLS 1st Degree

DWLS 1st Degree carries mandatory minimum jail time, even for a first offense. The court must impose at least 10 days in jail, and repeat convictions can result in significantly longer incarceration.

In addition to jail, DWLS 1st Degree convictions can:

• Extend the underlying license revocation

• Increase future sentencing exposure

• Trigger additional probation conditions

DWLS 2nd Degree: DUI and Reckless Driving Suspensions

DWLS in the Second Degree applies when a driver’s license was suspended or revoked due to serious, but non-felony, driving offenses.

Common causes include:

• DUI or Physical Control convictions

• Refusal of a breath or blood test under implied consent laws

• Reckless Driving convictions

• Vehicular Assault or Vehicular Homicide suspensions prior to felony revocation status

DWLS 2nd Degree is a gross misdemeanor under Washington law. While it does not carry the mandatory minimum jail time of First Degree, it carries the same maximum penalty of up to 364 days in jail and a $5,000 fine, and is treated as a serious criminal charge.

Importantly, DWLS 2nd Degree is classified as a “major traffic offense” under Washington’s Habitual Traffic Offender statute. Each conviction permanently counts toward HTO status.

DWLS 3rd Degree: Administrative and Unpaid Ticket Suspensions

DWLS in the Third Degree is the most commonly charged level, and the most frequently misunderstood.

DWLS 3rd Degree usually stems from:

• Failure to Respond to a traffic citation (FTR)

• Failure to Appear in court for a hearing (FTA)

• Administrative suspensions issued by the Department of Licensing (such as insurance-related or child support enforcement suspensions)

Washington no longer suspends licenses solely for failure to pay traffic fines, but ignoring the ticket itself can still trigger a suspension.

Many drivers assume DWLS 3rd Degree is “just another ticket.” It is not.

DWLS 3rd Degree Is Still a Criminal Misdemeanor

DWLS 3rd Degree is a criminal misdemeanor, not a civil infraction. A conviction creates a criminal record and can result in jail time, probation, fines, and additional license suspension periods.

Because the underlying suspension often remains unresolved, DWLS 3rd Degree charges tend to repeat, stacking penalties and making reinstatement harder over time.

Why DWLS Charges Escalate So Quickly

DWLS cases escalate because each conviction compounds the problem:

• New DWLS convictions extend suspension periods

• Repeat offenses increase jail exposure

• DWLS 2nd Degree convictions count toward HTO status

• Drivers sometimes plead guilty to resolve what they believe is a DWLS 3 charge, not realizing that if the underlying suspension was DUI-related, the conviction may legally be DWLS 2—putting them closer to HTO designation

• Driving becomes riskier and penalties harsher

Many drivers get trapped in a cycle of driving to work to pay fines, getting stopped, and facing new criminal charges.

Long-Term Consequences of DWLS Convictions

Beyond immediate penalties, DWLS convictions can affect:

• Your criminal record and background checks

• Auto insurance rates and availability

• Eligibility for license reinstatement

• Employment that requires driving

Resolving a DWLS charge requires more than paying a fine.

In some cases, an attorney may be able to negotiate a reduction of a DWLS 3 charge to a non-criminal infraction such as No Valid Operator’s License (NVOL), which can prevent a criminal record. It often involves coordinating court compliance, Department of Licensing requirements, insurance filings, and in some cases ignition interlock eligibility.

Sources

• Revised Code of Washington (RCW) 46.20.342 – Driving While License Suspended or Revoked

• Revised Code of Washington (RCW) 46.65.020 – Habitual Traffic Offender Statute

• Washington State Department of Licensing – Driver License Suspensions and Reinstatement

• Washington Courts – Criminal Traffic Offenses