Driving under other
license/permit while license
suspended or revoked,
the arresting officer may, in his/her own discretion,
considering reasonable alternatives, cause the vehicle to be
impounded. When an arrest is made for violation of RCW 46.20.342 and the vehicle is a commercial vehicle, the driver
of the vehicle is not the owner of the vehicle, the owner was
not in the vehicle at the time, and the owner has not received
a prior release under RCW 46.55.113(3) or 46.55.120
(1)(a)(ii), prior to impounding the vehicle the officer shall
attempt in a reasonable and timely manner to contact the owner
of the vehicle and may release the vehicle to the owner if the
owner is reasonably available.
If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has no
convictions for violations of RCW 46.20.342 in the past five
years, the vehicle may be impounded, but no suspended driver
hold shall be placed on the vehicle. If the driver is also
the registered owner then the vehicle shall be held until all
outstanding penalties, fines, and forfeitures owed by him/her
are satisfied. The driver/registered owner must present proof
from a court of law that he/she has no outstanding penalties,
fines, or forfeitures.
If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has any
prior convictions for violations of RCW 46.20.342 in the past
five years, the vehicle may be held for thirty days.
If the driver of the vehicle is arrested for a violation
of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree
suspended/revoked) and has no convictions for violations of
RCW 46.20.342 in the past five years, the vehicle may be held
for thirty days.
If the driver of the vehicle is arrested for a violation
of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree
suspended/revoked) and has been convicted of a violation of
RCW 46.20.342 (1)(a) or (b) in the past five years, the
vehicle may be held for sixty days.
If the driver of the vehicle is arrested for a violation
of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree
suspended/revoked) and has been convicted of a violation of
RCW 46.20.342 (1)(a) or (b) two or more times in the past five
years, the vehicle may be held for ninety days.
The release of all vehicles impounded under this WAC
shall be governed by RCW 46.55.120. Commercially rented
vehicles may be impounded, however no suspended driver holds
shall be placed upon these vehicles. The rental company shall
be notified by phone.
A vehicle may be released prior to the hold period upon a
showing of economic or personal hardship to the spouse of the
operator, taking into consideration public safety factors,
including the operator's criminal history and driving record;
or that the owner of the vehicle was not the driver, the owner
did not know that the driver's license was suspended or
revoked, and the owner has not received a prior release under
RCW 46.55.120 (1)(a)(ii) or 46.55.113(3). Release shall be
denied in all other circumstances. All release requests shall
be in writing. Any denial or approval of a release shall be
in writing and shall include factors considered by the
impounding agency in reaching the decision.
A uniform Washington state tow/impound and inventory
record form is available through the office of the state
printer.