Driving While Suspended

The crime of “Driving While License Suspended” has three separate degrees of severity under RCW 46.20.342. Driving while suspended in the third degree is a misdemeanor and carries a maximum sentence of 90 days in jail in a $1,000 fine. This charge often results if someone has simply failed to reinstate their driver’s license following a more serious suspension or if they have missed a court date or other obligation from a different case. Driving while suspended in the second degree is a gross misdemeanor offense and carries a maximum sentence of 364 days in jail in a $5,000 fine. This charge usually results when someone drives during an active period of suspension stemming a separate case or DOL matter. A conviction for driving while suspended in the second degree can also carry an additional one-year license revocation and an additional three-year period of high-risk SR-22 insurance. Finally, driving while suspended in the first degree is a gross misdemeanor offense and carries a maximum sentence of 364 days in jail in a $5,000 fine. This charge usually results when someone is found driving after they have been deemed a “habitual traffic offender” and had their license revoked. Driving while suspended in the first degree is the most serious level and a conviction even for a first offense carries a minimum sentence of ten days in jail. A conviction on a second offense will carry a minimum sentence of 90 days in jail. Any degree of driving while suspended conviction can also carry possible mandatory minimum probation sentences under RCW 46.61.5055(14) if the person is on probation for a DUI offense. These types of probation violations can include a 30-day period of confinement and additional license suspensions. Accordingly, these charges should always be taken seriously as there are many different ramifications that can stem from a conviction.