Can I Be Arrested for Driving on a Suspended License?

It looks like a traffic ticket, but it carries the weight of a criminal charge. Here is why driving suspended can land you in handcuffs

If you are pulled over in Washington State and the officer discovers your license is suspended, you might expect another simple ticket to add to the pile.

This is a dangerous misconception.

In Washington, “Driving While License Suspended” (DWLS) is not a civil traffic infraction like speeding or running a red light. It is a criminal offense.

While officers often release drivers at the scene with a citation and a promise to appear in court, they have the legal authority to arrest you on the spot, impound your vehicle, and book you into jail. Even if you are not handcuffed immediately, missing your court date will result in a warrant for your arrest.

Here is the deep dive on the three degrees of DWLS charges, the jail time attached to each, and how The Law Offices of Barbara A. Bowden can help you break the cycle of suspension.

It’s Not Just a Ticket: Infraction vs. Crime

To understand the danger, you must understand the difference between the two types of traffic laws in Washington:

1. Civil Infractions: (Speeding, Failure to Signal, Camera Tickets).
   • Penalty: Fines only.
   • Jail: No jail time possible.
   • Record: Civil driving record.
2. Criminal Offenses: (DUI, Hit & Run, DWLS).
   • Penalty: Fines + Probation + Jail Time.
   • Record: Permanent Criminal Record.

When you are charged with DWLS, you are entering the criminal justice system. You will have an arraignment, a pre-trial hearing, and a potential trial.

The Three Degrees of Suspension

Washington splits this crime into three categories based on why your license was suspended in the first place.

1. DWLS 3rd Degree (The “Administrative” Charge)

Statute: RCW 46.20.342(1)(c)
This is the most common charge. It usually happens because you have unpaid traffic tickets or you failed to respond to a court notice.

• Classification: Simple Misdemeanor.
• Jail Potential: Up to 90 days.
• Fine: Up to $1,000.
• Good News: There is no mandatory jail time, and this is the easiest charge to fix. Often, if we can help you get your license reinstated before your hearing, prosecutors may dismiss the charge or reduce it to a non-criminal infraction.

2. DWLS 2nd Degree (The “Serious” Charge)

Statute: RCW 46.20.342(1)(b)
This charge applies if your license was suspended for a serious crime, such as a DUI, Reckless Driving, or a Felony, and you are caught driving before you are eligible to reinstate.

• Classification: Gross Misdemeanor.
• Jail Potential: Up to 364 days.
• Fine: Up to $5,000.
• License Consequence: A conviction usually triggers an additional 1-year license suspension, trapping you in the system even longer.

3. DWLS 1st Degree (The “Habitual Offender” Charge)

Statute: RCW 46.20.342(1)(a)
This is the most severe status. It applies if you have been classified as a Habitual Traffic Offender (HTO) (usually due to 3 major strikes or 20 moving violations).

• Classification: Gross Misdemeanor.
• Mandatory Jail:
  • 1st Conviction: 10 Days minimum.
  • 2nd Conviction: 90 Days minimum.
  • 3rd Conviction: 180 Days minimum.
• License Consequence: Your HTO revocation period resets, keeping you off the road for years.

The “Cycle of Suspension”

The biggest risk of a DWLS conviction isn’t just the fines; it is the snowball effect.

If you are convicted of DWLS 2nd Degree, the Department of Licensing (DOL) adds another year to your suspension. This makes people desperate, so they drive to work illegally, get caught again, and face even harsher penalties.

We are here to stop the cycle.

How We Fight DWLS Charges

At The Law Offices of Barbara A. Bowden, we don’t just look at the current ticket; we look at the root cause of your suspension.

1. Reinstatement First: Our team can help you identify exactly which tickets or fines are holding your license hostage. If you can walk into court with a valid license, we can often negotiate a complete dismissal or reduction to “No Valid Operator’s License” (a lower, non-criminal infraction).
2. Challenging the Stop: If the officer didn’t have a valid reason to pull you over, we can move to suppress the evidence.
3. Negotiating Alternatives: For serious cases, we fight to avoid jail time by proposing work crew, electronic home monitoring, or relicensing programs.

Don’t accept a criminal record for a paperwork problem. Contact us today to start the process of getting your license back.

Sources

• RCW 46.20.342 – Driving while license invalidated—Penalties.
• RCW 46.20.005 – Driving without a license—Misdemeanor vs. Infraction.
• RCW 46.65.020 – Habitual traffic offenders—Definition.