Driving while license suspended (DWLS).
Driving while license suspended (DWLS), is one of Washington’s most common criminal charges. This offense is relatively easy to get charged.
There are three levels to DWLS. There are three levels of DWLS. These depend on factors such as why your license was suspended, whether you made a mistake when trying to reinstate it (assuming that you were allowed to reinstate), and whether you have been found to be a Habitual Traffic Offender.
These are the degrees of DWLS as per the Revised Code of Washington
Third Degree DWLS (Least Serious)
If a person drives after their license was suspended because of unpaid fines, this charge is filed. These fines and costs could be due to unpaid traffic tickets or child support or improperly reinstating your license. This is the last problem that you will face if you do not follow all the necessary procedures to reinstate your license. This is the smallest of the three levels of Driving With License Suspended.
Second Degree DWLS
There are two main differences between DWLS 2, and DWLS 1. (1) The person charged with DWLS2 has not been suspended as a Habitual Traffic Offender, (HTO), and (2) unlike DWLS 1, DWLS2 does not require the person to go to jail. The person being charged with DWLS 2 was suspended because of a criminal conviction, or an administrative finding (not HTO) and not due to unpaid fines. The crime of DWLS 2nd Degree is a gross misdemeanor that can lead to up to 364 days imprisonment and a fine of up $5,000. Additional license suspensions may be possible.
Violation of a condition on probation for a prior crime is the most common way a person can be charged with DWLS 2. If you are a convicted DUI or have signed a PDA, there may be conditions that you must follow regarding driving. You might not be allowed to drive or have an Ignition Interlock license. You can be charged with a probation violation if you drive in violation of the conditions. If you have a PDA, you will likely face a Motion To Revoke the previous criminal charge. You should immediately contact your criminal defense attorney if this is the case. There may be two criminal charges pending against you.
First Degree DWLS
If a person is caught driving after their license has been suspended as a Habitual Traffic Offender, they can be charged first-degree driving while license suspended. The Department of Licensing can make a driver HTO if they have three major traffic convictions (e.g., DUI, Hit and Run or DWLS 2) within a five-year period. You could be sentenced to a maximum 364-day mandatory prison term, a $5,000 fine, and a new period of HTO suspension for DWLS 1.
For a free consultation, call our office to learn more about how these charges could affect your criminal history or current criminal charges. DWLS is the most commonly charged criminal offense, but the resolutions can be complex. It is best to address the issue early. There are options available in some cities and counties for you to get unpaid fines removed from collects and be eligible for a program called relicensing. Contact us right away to find out if this is an option.
This article aims to answer many of the important questions people have about DUI in Seattle. What you need to know about DUI in Seattle:
What is a DUI arraignment? A DUI arraignment is a hearing where a judge will set conditions of release and make sure the defendant understand their rights and the charges against them.
Will I go to jail if I get a DUI? It is possible that a defendant will go to jail for a DUI. In WA, a plea to DUI requires mandatory jail. However, in some cases, the jail confinement can be substituted for another type of confinement, such as home confinement. An amendment to a lesser charge may avoid the jail requirement.
Can I get a DUI under 0.08 BAC? Yes, it is possible to be charged with DUI in WA at less than 0.08 blood alcohol content. This usually occurs where a controlled substance or prescription drug is involved. It may also occur where someone is alleged to be “appreciably affected” by alcohol.
If you have been charged with a DUI in King, Pierce, or Snohomish County or surrounding areas, you should contact a Washington DUI Lawyer.