DWLS 3rd Degree: Complete Guide to Driving While License Suspended (Third Degree)

Driving is a privilege, not a right. When that privilege is suspended or revoked, driving regardless can expose a person to criminal liability. One of the most frequent charges in many jurisdictions is DWLS 3rd Degree, a misdemeanor-level offense for driving while one’s license is suspended at a time when reinstatement is legally feasible. Because it is among the more “lightweight” of the DWLS charges, many people underestimate its seriousness.

In this article, you’ll gain a deep understanding of DWLS 3rd Degree: how it arises, the legal standards, defenses, consequences, and how to navigate the system if charged. I’ve structured it to serve both as a reference and as a guide.

2. What Does “DWLS 3rd Degree” Mean?

DWLS: An Overview

“DWLS” stands for Driving While License Suspended (or Revoked / Invalidated). It is a criminal or quasi-criminal traffic offense in many U.S. states, especially in Washington State. The idea is simple: operating a motor vehicle when your legal authority to drive is suspended or revoked is prohibited.

In many jurisdictions, DWLS is categorized into degrees (first, second, third) depending on the severity of the suspension reason and the driver’s eligibility to reinstate.

Why “Third Degree”?

When “Third Degree” is attached, it typically designates the least severe level of DWLS. In general:

• DWLS 1st Degree involves the most serious suspensions, e.g. habitual offender status, or revocations that cannot be reinstated.
• DWLS 2nd Degree often involves suspensions tied to serious driving offenses or where the driver is not eligible to reinstate immediately.
• DWLS 3rd Degree usually applies when the driver is eligible to reinstate license (e.g. has satisfied underlying obligations) but fails to do so, or drives during a suspension caused by more administrative or technical reasons.

Thus, DWLS 3rd Degree is often considered more “forgiving” in law than the higher degrees—but still carries real consequences.

How It Differs from DWLS 1 and 2

Here’s a simplified comparison (based on Washington State’s scheme, commonly referenced in legal sources):

Because DWLS 3rd is “more winnable,” courts may be more inclined to reduce or dismiss charges if the driver demonstrates compliance and no serious record.

3. Legal Elements of DWLS 3rd Degree

To be convicted of DWLS 3rd Degree, the prosecution usually must prove several elements beyond a reasonable doubt. While the exact statutory language depends on jurisdiction, many frameworks follow similar logic, particularly as seen in Washington State statutes and judicial guides.

Statutory Basis (Washington Example)

In Washington, RCW 46.20.342 is the key statute addressing driving while license invalidated/suspended/revoked. It distinguishes various scenarios under which driving while invalidated is punished as first, second, or third degree.

Under RCW 46.20.342(1)(c), a violation when the license is suspended or revoked solely because of certain administrative reasons or due to failure to comply with non-driving conditions (like failure to respond to a traffic infraction) constitutes DWLS in the third degree, which is a misdemeanor.

Key Elements

While each jurisdiction may tweak definitions, the core elements commonly include:

1. Suspension / Revocation / Invalid Status
   The driver’s license must at the time of driving be in a suspended, revoked, invalid, or otherwise non-active status.
2. Eligibility for Reinstatement / Not Permanently Disqualified
   The suspension must be of a kind that allows reinstatement (i.e. not a permanent disqualification). The driver must have had the possibility to restore the license once underlying obligations are fulfilled.
3. Actual Driving / Operating a Motor Vehicle
   The person must have operated or driven a motor vehicle (some jurisdictions include proxies such as being in control of the vehicle) while in that invalid license state.
4. Knowledge or Awareness (sometimes / in some jurisdictions)
   Some jurisdictions require that the driver knew or should have known their license was suspended, though others apply strict liability (i.e. ignorance is not a defense).
5. No Exemption / Valid Exception
   The statute or case law may allow exceptions (e.g. emergency driving, valid temporary permits, reinstatement in process) which must be ruled out.

Burden of Proof & Presumptions

• The prosecutor bears the burden to prove beyond reasonable doubt that the license was suspended and that the defendant drove while in that state.
• Some jurisdictions may allow a presumption if the Department of Licensing records show suspension and the person is driving.
• The defense may challenge the reliability of suspension records, the timing, or whether proper notice was given.

Because DWLS 3rd degree cases often arise from administrative (rather than criminal) origins, there’s considerable room for legal argument about due process, notice, or procedural defects.

4. Common Causes & Situations

Here are frequent scenarios that lead to a DWLS 3rd Degree charge:

1. Unpaid Traffic Tickets or Fines

Many drivers get suspended because they failed to pay a traffic ticket or court fine. If the Department of Licensing sends a notice indicating nonpayment and threatens suspension, and the individual doesn’t respond, suspension may follow. Driving during that suspension can trigger DWLS 3rd.

2. Failure to Reinstate After Suspension

Sometimes a license is suspended for some time (due to a prior violation or administrative issue), and the driver never completes the reinstatement steps (paying fees, proof of insurance, etc.). At some future point, they drive while the license is still inactive thus incurring a DWLS 3rd degree.

3. Lapsed Insurance, Paperwork or Technical Issues

If a person fails to maintain required insurance, fails to provide proof of financial responsibility, or has missing paperwork, the licensing authority may suspend their driving privileges. Driving in that state can lead to DWLS 3rd (if reinstatement is possible).

4. Child Support or Administrative Holds

In some jurisdictions, failure to pay child support or certain obligations can trigger license hold or suspension. Driving while that hold is in effect (if the person was eligible to lift the hold) may count as DWLS 3rd.

5. Unaware of Suspension / Notice Issues

A surprisingly common fact pattern: a person moves and fails to update their mailing address. The licensing authority sends suspension notice to the old address. The person doesn’t receive notice, remains unaware, continues driving—and then is cited for DWLS 3rd. The defense may argue lack of proper notice, which can become crucial.

Because many DWLS 3rd cases stem from administrative oversights or backlog, courts sometimes show more flexibility if the driver acts quickly to correct underlying issues.

5. Penalties & Consequences

Though DWLS 3rd is on the lower end of DWLS offenses, its penalties and consequences should not be dismissed.

Jail, Fines & Probation

• In Washington, DWLS 3rd degree is classified as a misdemeanor, punishable by up to 90 days in jail and/or a fine up to $1,000.
• Many who face DWLS 3rd do not actually serve jail time, especially if it’s a first offense and the person timely reinstates their license. But the threat is real.
• Courts may also impose probation, community service, court costs, and fees.

Administrative & License Effects

• A conviction of DWLS 3rd typically does not trigger additional suspension beyond the existing one (unlike DWLS 1 or 2) in many jurisdictions.
• The driver likely still must complete reinstatement requirements (fees, proof of insurance, etc.) before legally driving again.
• Some jurisdictions allow a relicensing program for DWLS 3rd: if the driver obtains a valid license within a certain timeframe (e.g. 90 days) and pays administrative fees, the criminal charge may be dismissed.

Collateral Consequences

• A misdemeanor record may affect employment, background checks, or professional licensing.
• Insurance premiums may rise.
• Future traffic dealings could be less favorably viewed.
• Accumulation of DWLS convictions can lead to harsher charges or habitual offender designation.

Because of these cascading effects, many people choose to contest or negotiate rather than simply acquiesce to a plea.

6. Defenses & Mitigation Strategies

If charged with DWLS 3rd Degree, you may be able to challenge the case or reduce its impact by raising legal defenses or mitigation strategies.

1. Lack of Proper Notice / Due Process

One strong defense is that the licensing authority did not properly notify the driver of the suspension. If the mailing address on file was outdated or no notice was received, you may argue that due process requires dismissal. Courts often require proof that the licensee was properly served notice.

2. Mistake of Fact / Good Faith Reliance

If the driver genuinely believed their license was valid (e.g. they had submitted reinstatement paperwork, were awaiting processing, or a clerical error), some courts may consider that as mitigating or reduce culpability.

3. Reinstatement Before the Charge or Before Hearing

If you manage to reinstate your license before your hearing or sentencing, that may help reduce the penalty or allow dismissal. Some courts are sympathetic to prompt corrective action.

4. Technical or Procedural Defects

Challenging the accuracy of the suspension record, chain of custody, or notices can sometimes lead to motion to dismiss or suppress. Any flaw in how the licensing authority or citation was handled may help.

5. Plea Negotiation or Diversion

Because DWLS 3rd is relatively low-stakes, prosecutors may be willing to reduce it to a non-criminal infraction or offer diversion programs (conditional dismissal after compliance). Engaging a lawyer can help negotiate favorable outcomes.

The goal is not always outright acquittal; sometimes minimizing collateral harm is a realistic objective.

7. The Process: From Arrest to Resolution

Here’s how a DWLS 3rd case typically proceeds, and what to expect at each stage:

Traffic Stop & Citation

• The police stop you (routine check, traffic stop, or related cause).
• The officer runs your license and discovers a suspension status.
• You are cited (ticketed) for DWLS 3rd, with a court date. In some cases, you may be arrested if there are other violations or warrants.

Arraignment & Pretrial Phase

• You appear in court (arraignment), where charges are formally read.
• You enter a plea (typically “not guilty” to preserve defenses).
• The discovery process begins: examining licensing records, suspension orders, proof of notice.

Motions & Pretrial Hearing

• Your attorney may file motions (e.g., to dismiss, motion to suppress evidence, challenge notice).
• The court may hold a hearing on these motions prior to trial.

Trial or Plea

• If no resolution, the case proceeds to trial before a judge or jury (depending on jurisdiction).
• Witnesses, licensing records, and legal arguments are presented.
• Alternatively, you may negotiate a plea agreement, potentially reducing to a lesser offense or avoiding jail.

Post-conviction / Reinstatement

• If convicted, you fulfill court obligations (fines, probation, etc.).
• You must also satisfy reinstatement requirements with the licensing authority to restore your driving privileges.
• In some jurisdictions, you may seek post-conviction relief or expungement, depending on statute.

At every stage, acting promptly and with competent legal help increases the odds of a favorable outcome.

8. Tips to Avoid DWLS 3rd Degree

Because DWLS 3rd often arises from avoidable administrative lapses, here are practical steps to protect yourself:

1. Stay Current with Your License
   Always note your renewal dates, fee deadlines, and take care of any required paperwork promptly.
2. Pay Fines and Tickets on Time
   Unpaid tickets are among the top triggers for license suspension. Track and satisfy them.
3. Keep Your Address Updated
   The licensing authority sends notices to the address on file. If you move, update promptly to receive important mail.
4. Check Your Driving Record Periodically
   Review your license status and records online (if your state allows). Monitor for holds, suspensions, or warnings.
5. Don’t Drive If You’re Not Sure
   If you believe your license may be suspended or under review, avoid driving until you confirm status. A simple check can avoid severe consequences.
6. Act Quickly Upon Notification
   If you receive a notice or citation, deal with it immediately (pay, contest, reinstate). Prompt action helps avoid DWLS escalation.
7. Consult Legal Help Early
   If you are cited, seeking a knowledgeable traffic attorney early can help reduce exposure, catch technical defenses, or negotiate better terms.

By staying proactive, many people never face DWLS charges.

9. Real-World Examples & Case Studies

Here are hypothetical (but realistic) scenarios illustrating how DWLS 3rd plays out:

Scenario A: Unpaid Ticket Leads to Suspension

Facts: Jane receives a speeding ticket. She forgets to pay or contest it. The court forwards her violation to the licensing authority, which suspends her license. Two months later, she drives to work and is stopped. The officer discovers her license is suspended and cites her for DWLS 3rd.

Possible Outcome: Jane quickly pays the ticket, provides proof, and reinstates her license. Her attorney files a motion showing she cured the issue before trial. The court reduces or dismisses the DWLS charge or imposes only a fine.

Scenario B: Missed Notice, Unaware Suspension

Facts: John moves across state lines but does not change his address with the Department of Licensing. A suspension notice is mailed to his old address, which he never receives. Unaware, he drives and is cited for DWLS 3rd.

Possible Outcome: John’s attorney challenges the notice process, arguing lack of due process. The court might evaluate whether the licensing authority took reasonable steps to notify. If successful, the case might be dismissed.

Scenario C: Late Reinstatement but Charged Anyway

Facts: Maria’s license was suspended due to failure to pay fines. She applies for reinstatement and is awaiting processing. Before the license is formally reactivated, she drives and gets cited for DWLS 3rd.

Possible Outcome: If she can show evidence that she had submitted reinstatement paperwork in good faith, a court might reduce penalties, especially if she completes reinstatement prior to sentencing.

These examples show how timing and proactivity often matter more than the mere fact of suspension.

10. DWLS 3rd Degree in Different Jurisdictions

While much of the discussion above hinges on the Washington State scheme, variants exist elsewhere. Let’s examine Washington in more depth, then briefly touch on other locales.

Washington State (USA)

• As noted, Washington law under RCW 46.20.342 differentiates DWLS degrees based on whether the driver was eligible to reinstate at the time of driving. The third degree covers cases where suspension was due to administrative or non-driving reasons and reinstatement is possible.
• The maximum penalty for DWLS 3rd is 90 days jail and $1,000 fine.
• Some courts offer a Relicensing Program: a person with no active warrants may apply to get a valid license, pay a fee, and have the DWLS 3rd charge dismissed. But eligibility may exclude those with multiple prior offenses (more than four).

Other U.S. States

Even though “DWLS Third Degree” is especially common in Washington’s legal schema, many states have analogous lesser-license-suspension offenses under different names:

• Washington-based legal sources indicate that DWLS 3rd is “simply driving on a suspended license at a time when the person was eligible to have the license reinstated.”
• In some states, driving on a suspended license is categorized differently (e.g. “misdemeanor driving while license suspended” without explicit degrees).
• Penalties vary widely by state, sometimes more severe in states with strict traffic law policies.

International Contexts

In many countries outside the U.S., license suspension laws vary, and criminal prosecution for driving on a suspended license may not use the “degree” nomenclature. However, analogous principles apply: the driver may face fines, license extension, or possibly criminal sanctions for operating without proper authorization.

If you tell me your jurisdiction (state, province, or country), I can adapt this guide to the specific law that applies to you.

11. Frequently Asked Questions (FAQs)

Conclusion

DWLS 3rd Degree may seem like a minor traffic misdemeanor, but it carries real risks—fines, possible jail, and long-term record impact. The good news: because it often stems from administrative oversights or technical lapses, it is also among the more defensible driving violations, especially when handled swiftly and intelligently.

To recap:

• DWLS 3rd typically involves driving with a suspended license when reinstatement was legally possible
• Prosecutors must prove the suspension status and that you drove despite it
• Defenses often center on notice, procedural errors, or prompt compliance
• Penalties include up to 90 days imprisonment, fines, and criminal record implications
• Mitigation via reinstatement, defense motions, or plea negotiations is often possible
• Avoidance is best achieved through staying current on fines, updating address, and checking license status.

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