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(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. |
