RCW 46.20.342
Driving while license
invalidated -- Penalties -- Extension of invalidation. (Effective
until January 1, 2009.)
(1) It is unlawful for any person to
drive a motor vehicle in this state while that person is in a
suspended or revoked status or when his or her privilege to drive
is suspended or revoked in this or any other state. Any person
who has a valid Washington driver's license is not guilty of a
violation of this section.
(a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation
issued under chapter 46.65 RCW prohibiting such operation is in
effect, is guilty of driving while license suspended or revoked
in the first degree, a gross misdemeanor. Upon the first such
conviction, the person shall be punished by imprisonment for not
less than ten days. Upon the second conviction, the person shall
be punished by imprisonment for not less than ninety days. Upon
the third or subsequent conviction, the person shall be punished
by imprisonment for not less than one hundred eighty days. If
the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same
event, the minimum sentence of confinement shall be not less than
ninety days. The minimum sentence of confinement required shall
not be suspended or deferred. A conviction under this subsection
does not prevent a person from petitioning for reinstatement as
provided by RCW 46.65.080.
(b) A person who violates this section while an order of
suspension or revocation prohibiting such operation is in effect
and while the person is not eligible to reinstate his or her
driver's license or driving privilege, other than for a
suspension for the reasons described in (c) of this subsection,
is guilty of driving while license suspended or revoked in the
second degree, a gross misdemeanor. This subsection applies when
a person's driver's license or driving privilege has been
suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a
motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or
diversion unit as provided by RCW 46.20.265, relating to a minor
who has committed, or who has entered a diversion unit concerning
an offense relating to alcohol, legend drugs, controlled
substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the
violation of restrictions of an occupational or a temporary
restricted driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation
of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case
of injury to or death of a person or damage to an attended
vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting
to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating to reckless
driving;
(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to
a person under the influence of intoxicating liquor or drugs;
(x) A conviction of RCW 46.61.520, relating to vehicular
homicide;
(xi) A conviction of RCW 46.61.522, relating to vehicular
assault;
(xii) A conviction of RCW 46.61.527(4), relating to reckless
endangerment of roadway workers;
(xiii) A conviction of RCW 46.61.530, relating to racing of
vehicles on highways;
(xiv) A conviction of RCW 46.61.685, relating to leaving
children in an unattended vehicle with motor running;
(xv) A conviction of RCW 46.61.740, relating to theft of
motor vehicle fuel;
(xvi) A conviction of RCW 46.64.048, relating to attempting,
aiding, abetting, coercing, and committing crimes;
(xvii) An administrative action taken by the department
under chapter 46.20 RCW; or
(xviii) A conviction of a local law, ordinance, regulation,
or resolution of a political subdivision of this state, the
federal government, or any other state, of an offense
substantially similar to a violation included in this subsection.
(c) A person who violates this section when his or her
driver's license or driving privilege is, at the time of the
violation, suspended or revoked solely because (i) the person
must furnish proof of satisfactory progress in a required
alcoholism or drug treatment program, (ii) the person must
furnish proof of financial responsibility for the future as
provided by chapter 46.29 RCW, (iii) the person has failed to
comply with the provisions of chapter 46.29 RCW relating to
uninsured accidents, (iv) the person has failed to respond to a
notice of traffic infraction, failed to appear at a requested
hearing, violated a written promise to appear in court, or has
failed to comply with the terms of a notice of traffic infraction
or citation, as provided in RCW 46.20.289, (v) the person has
committed an offense in another state that, if committed in this
state, would not be grounds for the suspension or revocation of
the person's driver's license, (vi) the person has been suspended
or revoked by reason of one or more of the items listed in (b) of
this subsection, but was eligible to reinstate his or her
driver's license or driving privilege at the time of the
violation, or (vii) the person has received traffic citations or
notices of traffic infraction that have resulted in a suspension
under RCW 46.20.267 relating to intermediate drivers' licenses,
or any combination of (i) through (vii), is guilty of driving
while license suspended or revoked in the third degree, a
misdemeanor.
(2) Upon receiving a record of conviction of any person or
upon receiving an order by any juvenile court or any duly
authorized court officer of the conviction of any juvenile under
this section, the department shall:
(a) For a conviction of driving while suspended or revoked
in the first degree, as provided by subsection (1)(a) of this
section, extend the period of administrative revocation imposed
under chapter 46.65 RCW for an additional period of one year from
and after the date the person would otherwise have been entitled
to apply for a new license or have his or her driving privilege
restored; or
(b) For a conviction of driving while suspended or revoked
in the second degree, as provided by subsection (1)(b) of this
section, not issue a new license or restore the driving privilege
for an additional period of one year from and after the date the
person would otherwise have been entitled to apply for a new
license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if the
conviction was under subsection (1)(c) of this section. If the
conviction was under subsection (1)(a) or (b) of this section and
the court recommends against the extension and the convicted
person has obtained a valid driver's license, the period of
suspension or revocation shall not be extended.
[2004 c 95 § 5; 2001 c 325 § 3; 2000 c 115 § 8; 1999 c 274 § 3; 1993 c 501 § 6; 1992 c 130 § 1; 1991 c 293 § 6. Prior: 1990 c 250 § 47; 1990 c 210 § 5; 1987 c 388 § 1; 1985 c 302 § 3; 1980 c 148 § 3; prior: 1979 ex.s. c 136 § 62; 1979 ex.s. c 74 § 1; 1969 c 27 § 2; prior: 1967 ex.s. c 145 § 52; 1967 c 167 § 7; 1965 ex.s. c 121 § 43.]
NOTES:
Rules of court: Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.
Finding -- 2000 c 115: See note following RCW 46.20.075.
Effective date -- 2000 c 115 §§ 1-10: See note following RCW 46.20.075.
Severability -- 1990 c 250: See note following RCW 46.16.301.
Effective date -- Expiration date -- 1987 c 388: "Sections 1 through 8 of this act shall take effect on July 1, 1988. The director of licensing shall take such steps as are necessary to insure that this act is implemented on its effective date. Sections 2 through 7 of this act shall expire on July 1, 1993." [1987 c 388 § 13.]
Severability -- 1987 c 388: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 388 § 16.]
Effective date -- 1980 c 148: See note following RCW 46.10.090.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Impoundment of vehicle: RCW 46.55.113.
RCW 46.20.342
Driving while license
invalidated -- Penalties -- Extension of invalidation. (Effective
January 1, 2009.)
(1) It is unlawful for any person to drive a
motor vehicle in this state while that person is in a suspended
or revoked status or when his or her privilege to drive is
suspended or revoked in this or any other state. Any person who
has a valid Washington driver's license is not guilty of a
violation of this section.
(a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation
issued under chapter 46.65 RCW prohibiting such operation is in
effect, is guilty of driving while license suspended or revoked
in the first degree, a gross misdemeanor. Upon the first such
conviction, the person shall be punished by imprisonment for not
less than ten days. Upon the second conviction, the person shall
be punished by imprisonment for not less than ninety days. Upon
the third or subsequent conviction, the person shall be punished
by imprisonment for not less than one hundred eighty days. If
the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same
event, the minimum sentence of confinement shall be not less than
ninety days. The minimum sentence of confinement required shall
not be suspended or deferred. A conviction under this subsection
does not prevent a person from petitioning for reinstatement as
provided by RCW 46.65.080.
(b) A person who violates this section while an order of
suspension or revocation prohibiting such operation is in effect
and while the person is not eligible to reinstate his or her
driver's license or driving privilege, other than for a
suspension for the reasons described in (c) of this subsection,
is guilty of driving while license suspended or revoked in the
second degree, a gross misdemeanor. This subsection applies when
a person's driver's license or driving privilege has been
suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a
motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or
diversion unit as provided by RCW 46.20.265, relating to a minor
who has committed, or who has entered a diversion unit concerning
an offense relating to alcohol, legend drugs, controlled
substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the
violation of restrictions of an occupational driver's license, a
temporary restricted driver's license, or an ignition interlock
driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation
of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case
of injury to or death of a person or damage to an attended
vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting
to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating to reckless
driving;
(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to
a person under the influence of intoxicating liquor or drugs;
(x) A conviction of RCW 46.61.520, relating to vehicular
homicide;
(xi) A conviction of RCW 46.61.522, relating to vehicular
assault;
(xii) A conviction of RCW 46.61.527(4), relating to reckless
endangerment of roadway workers;
(xiii) A conviction of RCW 46.61.530, relating to racing of
vehicles on highways;
(xiv) A conviction of RCW 46.61.685, relating to leaving
children in an unattended vehicle with motor running;
(xv) A conviction of RCW 46.61.740, relating to theft of
motor vehicle fuel;
(xvi) A conviction of RCW 46.64.048, relating to attempting,
aiding, abetting, coercing, and committing crimes;
(xvii) An administrative action taken by the department
under chapter 46.20 RCW; or
(xviii) A conviction of a local law, ordinance, regulation,
or resolution of a political subdivision of this state, the
federal government, or any other state, of an offense
substantially similar to a violation included in this subsection.
(c) A person who violates this section when his or her
driver's license or driving privilege is, at the time of the
violation, suspended or revoked solely because (i) the person
must furnish proof of satisfactory progress in a required
alcoholism or drug treatment program, (ii) the person must
furnish proof of financial responsibility for the future as
provided by chapter 46.29 RCW, (iii) the person has failed to
comply with the provisions of chapter 46.29 RCW relating to
uninsured accidents, (iv) the person has failed to respond to a
notice of traffic infraction, failed to appear at a requested
hearing, violated a written promise to appear in court, or has
failed to comply with the terms of a notice of traffic infraction
or citation, as provided in RCW 46.20.289, (v) the person has
committed an offense in another state that, if committed in this
state, would not be grounds for the suspension or revocation of
the person's driver's license, (vi) the person has been suspended
or revoked by reason of one or more of the items listed in (b) of
this subsection, but was eligible to reinstate his or her
driver's license or driving privilege at the time of the
violation, or (vii) the person has received traffic citations or
notices of traffic infraction that have resulted in a suspension
under RCW 46.20.267 relating to intermediate drivers' licenses,
or any combination of (i) through (vii), is guilty of driving
while license suspended or revoked in the third degree, a
misdemeanor.
(2) Upon receiving a record of conviction of any person or
upon receiving an order by any juvenile court or any duly
authorized court officer of the conviction of any juvenile under
this section, the department shall:
(a) For a conviction of driving while suspended or revoked
in the first degree, as provided by subsection (1)(a) of this
section, extend the period of administrative revocation imposed
under chapter 46.65 RCW for an additional period of one year from
and after the date the person would otherwise have been entitled
to apply for a new license or have his or her driving privilege
restored; or
(b) For a conviction of driving while suspended or revoked
in the second degree, as provided by subsection (1)(b) of this
section, not issue a new license or restore the driving privilege
for an additional period of one year from and after the date the
person would otherwise have been entitled to apply for a new
license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if the
conviction was under subsection (1)(c) of this section. If the
conviction was under subsection (1)(a) or (b) of this section and
the court recommends against the extension and the convicted
person has obtained a valid driver's license, the period of
suspension or revocation shall not be extended.
[2008 c 282 § 4; 2004 c 95 § 5; 2001 c 325 § 3; 2000 c 115 § 8; 1999 c 274 § 3; 1993 c 501 § 6; 1992 c 130 § 1; 1991 c 293 § 6. Prior: 1990 c 250 § 47; 1990 c 210 § 5; 1987 c 388 § 1; 1985 c 302 § 3; 1980 c 148 § 3; prior: 1979 ex.s. c 136 § 62; 1979 ex.s. c 74 § 1; 1969 c 27 § 2; prior: 1967 ex.s. c 145 § 52; 1967 c 167 § 7; 1965 ex.s. c 121 § 43.]
NOTES:
Rules of court: Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.
Effective date -- 2008 c 282: See note following RCW 46.20.308.
Finding -- 2000 c 115: See note following RCW 46.20.075.
Effective date -- 2000 c 115 §§ 1-10: See note following RCW 46.20.075.
Severability -- 1990 c 250: See note following RCW 46.16.301.
Effective date -- Expiration date -- 1987 c 388: "Sections 1 through 8 of this act shall take effect on July 1, 1988. The director of licensing shall take such steps as are necessary to insure that this act is implemented on its effective date. Sections 2 through 7 of this act shall expire on July 1, 1993." [1987 c 388 § 13.]
Severability -- 1987 c 388: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 388 § 16.]
Effective date -- 1980 c 148: See note following RCW 46.10.090.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Impoundment of vehicle: RCW 46.55.113.