Driver’s License Suspensions — New Laws and Answers to Frequently Asked Questions

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walawlibrary

6 min readMay 26, 2023

There is no underestimating the importance of having a driver’s license. Removal of driving privileges can impact one’s ability to be gainfully employed. A suspended license can also make it impossible to get to important appointments, access childcare, or even buy food at the grocery store.

A traffic light on a concrete pole is shown from below. It displays an active yellow light. A brick building is in the background.

In 2021 it was estimated that at least 11 million people across the country had a suspended driver’s license for failure to pay court fines or fees, many of them stuck in a cycle of debt and punishment. Further, communities of color are deeply impacted by “license-for payment-schemes,” with a disproportionate number of persons of color experiencing license suspensions and driving without a license arrests.

In recent years, some states have recognized the negative consequences of debt-related driving restrictions and have reformed their license suspension laws. Washington is one such state. In January of this year, a new law went into effect that ends the state’s practice of suspending a driver’s license for failure to pay traffic infraction fines. The law, 2021 ESSB 5226, was signed by Governor Inslee just days after a Thurston County judge ruled the state’s mandatory license suspension law for failure to pay and failure to appear was unconstitutional.

The new law stops short of what reformers would like to see — a complete retreat from debt-based license suspensions. Washington’s new law adds a provision that “[t]he court may require a person who enters into a payment plan and fails to pay as agreed to appear for a hearing and provide evidence of ability to pay. Failure to appear at a hearing may result in license suspension.” The Fines & Fees Justice Center, an organization that advocates for license suspension reform, says the result of this loophole is that “’[f]ailure to pay’ becomes ‘failure to appear’, resulting in a suspended license.”

ESSB 5226 also implements a change that most agree is a positive step. It authorizes the Washington State Department of Licensing (DOL) to administratively reinstate the license of those who experienced license suspensions for failure to pay, respond, or appear for a traffic infraction before January 1, 2023.

Here we answer common questions we receive at the library about suspended licenses.

Which Washington statutes and regulations apply to driver’s license suspensions?

There are many statutes in the Revised Code of Washington (RCW) that allow for license suspensions. The DOL links to many of these statutes in their Types of Suspensions pages. This is a non-exhaustive list of statutes that people often look for:

RCW 46.20.207 and following, Restricting the Driving Privilege, Generally

RCW 46.20.245, Administrative and Judicial Review

RCW 46.20.313, Reinstatement

RCW 46.20.338 and following, Driving While Suspended or Revoked

RCW 46.20.380 and following, Restricted Licenses

RCW 46.63.110, Disposition of Traffic Infractions — Monetary Penalties (prior to January 1, 2023, this statute directed the DOL to suspend licenses for failure to pay)

Department of Licensing regulations addressing driver’s license suspensions are scattered throughout the Washington Administrative Code (WAC), including administrative hearing rules. This is a non-exhaustive list of chapters in WAC Title 308 that include some regulations relating to license suspensions.

WAC 308–104, Drivers’ Licenses

WAC 308–101, Hearing Procedural Rules

WAC 308–102, Administration of the Financial Responsibility Act — Procedures

The Washington State Department of Licensing DOL Online Services webpage is shown with a number of links to services provided by the department. — You can take care of many driver’s license issues at the DOL Online Services page

Why is my license suspended?

You can check the status of your license at the DOL Online Services page. This search will return a simple answer of current or noncurrent status with no details. You can get a more detailed explanation of your suspension and step-by-step instructions for getting your license back through the DOL’s online License eXpress service, which requires a free account. You can also purchase your driving record, which includes suspension information, here. The DOL has published a user guide for their online services here.

My license was suspended for failure to pay, respond, or appear at a hearing? Can I get my license reinstated?

RCW 46.20.313 states that the DOL is authorized to “reinstate the license of a person suspended pursuant to RCW 46.20.289(1) prior to January 1, 2023, because the person:

(a) Failed to respond to a notice of traffic infraction for a moving violation;

(b) Failed to appear at a requested hearing for a moving violation;

(d) Failed to comply with the terms of a notice of traffic infraction.”

You can request a Reinstatement Letter at the DOL Online Services page and sign up for the DOL’s License eXpress service to get started with the reinstatement process.

What if I can’t afford to pay my infraction? Can I set up a payment plan to pay for my traffic infraction?

RCW 46.63.060 provides that a notice of traffic infraction must include the option to “allow a person to admit responsibility for the infraction and attest that the person does not have the current ability to pay the infraction in full. The person must receive information on how to submit evidence of inability to pay, obtain a payment plan pursuant to RCW 46.63.190, and be informed that failure to pay or enter into a payment plan may result in collection action, including garnishment of wages or other assets.”

A person may request a payment plan for garnishment or other legal proceedings associated with monetary penalties for traffic infractions as well. (RCW 43.63.110)

Contact the court that presided over the infraction to get payment plan information. Contact information for Washington courts can be found here.

What if I set up a payment plan but I have missed payments?

RCW 46.63.190 states that “[t]he court may require a person who fails to make payment as required under a payment plan to appear and provide evidence of ability to pay.” RCW 46.20.291 provides that the DOL continues to be authorized to suspend the license of a driver who “[h]as failed to respond to a notice of traffic infraction, failed to appear at a hearing, or has failed to comply with the terms of a criminal complaint or criminal citation for a moving violation, as provided in RCW 46.20.289.”

Find the answers to many of your suspended license questions at the DOL Suspended License page

For what reasons can my license be suspended?

There are many reasons a driver’s license can be suspended. The DOL website provides a list of the types of suspensions and information for each type as to length of suspension, how to get your license back, and other helpful information.

I disagree with the DOL’s decision to suspend my license. What can I do?

You can use the DOL’s online License eXpress service to request a hearing. Find more information at the DOL’s How to Request a Hearing page.

What happens if I drive with a suspended license?

It is a crime to drive with a suspended license in Washington State. You may be charged with Driving While License Suspended in the first, second, or third degree as set out in RCW 46.20.342. In fact, Driving While License Suspended — 3rd Degree (DWLS III) charges were brought almost a million and a half times between 1994 and 2015. Some changes were made to the DWLS III charge by ESSB 5226, section 9.

My license is suspended, but I need to drive to work. What can I do?

You may be eligible to receive an Occupational/Restricted Driver License (ORL) that will allow you to drive for specific purposes and under specific driving restrictions. Find more information at the DOL website here. An Ignition Interlock Driver License (IIL) may be an option for someone whose license is suspended for a drug or alcohol-related offense. Learn more here.

Are there any self-help publications that might help me with my license suspension questions?

∙ The DOL’s Suspended License page will provide answers to most questions that you may have.

∙ Washington LawHelp has several publications on license suspensions:

∙ The King County Law Library sells a packet to their residents that provides detailed instructions and forms for appealing a driver’s license suspensions in King County Superior Court.

The Washington State Law Library reference librarians are here to help you with your suspended license legal research questions. Call us at 360–357–2136 or email us at library.requests@courts.wa.gov. (SC)