In April 2021, the Thurston County Superior Court ruled in Pierce v. Washington DOL that the state’s practice of automatically suspending driver’s licenses over unpaid non-criminal traffic fines violated procedural due process because it treated people who couldn’t afford to pay the same as those who refused. The court barred any new suspensions on that basis and ordered the Department of Licensing to release the existing ones, restoring driving privileges for an estimated 100,000 Washington residents. The legislature then made the change permanent through Engrossed Substitute Senate Bill 5226, which took effect January 1, 2023.1Washington State Legislature. SB 5226 Bill Summary
What the Court Decided
On April 30, 2021, the court held that RCW 46.20.289, as applied to non-criminal moving violations, was unconstitutional because it required no inquiry into a person’s ability to pay before a suspension was imposed.2Administrative Office of the Courts. Impacts to FTAs Due to Pierce v. DOL The state’s interest in collecting fines, the court found, did not justify stripping someone of their driving privileges with no process to distinguish between can’t-pay and won’t-pay.
A follow-up order on June 1, 2021 (effective June 8) did two things. It prohibited the Department of Licensing from imposing any new suspensions for failure to pay or appear on non-criminal moving violations, and it required the department to release all existing suspensions issued on those grounds.2Administrative Office of the Courts. Impacts to FTAs Due to Pierce v. DOL
The System the Ruling Replaced
Before Pierce, the process was automatic. A driver who received a non-criminal moving violation, such as a speeding ticket or running a red light, owed the fine immediately. If the person didn’t pay or failed to appear, the court notified DOL under RCW 46.20.289, and the department suspended the license.3Washington State Legislature. RCW 46.20.289 Suspension for Failure to Respond, Appear, Etc. No one asked whether the driver could afford the fine. No hearing was offered.
Because people who couldn’t pay a ticket often couldn’t stop driving either, many kept driving on suspended licenses, which is a criminal offense in Washington. A single unpaid ticket could turn into criminal charges and thousands of dollars in additional penalties.
The 2023 Law and the One Way You Can Still Lose Your License
ESSB 5226 eliminated license suspensions for failure to pay a traffic infraction involving a moving violation.4Washington State Legislature. Washington State Senate Bill Report – ESSB 5226 Under the current version of RCW 46.63.110, when a court determines that someone cannot afford to pay a traffic fine in full, the court must set up a payment plan, and a person can request one even after collection actions like garnishment have started.5Washington State Legislature. RCW 46.63.110 Monetary Penalties
The law does leave one path back to suspension. If you fall behind on a payment plan, the court can require you to appear at a hearing and provide evidence of your ability to pay. Skip the hearing, and the court can notify DOL to suspend your license.4Washington State Legislature. Washington State Senate Bill Report – ESSB 5226 Inability to pay will not cost you your license. Ignoring a court hearing about your payments still can.
What the Ruling Did Not Change
Pierce and ESSB 5226 only addressed suspensions tied to non-criminal traffic fines. Washington still suspends or revokes licenses for serious offenses, including DUI convictions, reckless driving, vehicular assault, vehicular homicide, hit-and-run, attempting to elude police, and racing on public roads.6Washington State Legislature. RCW 46.20.342 Driving While License Invalidated – Penalties Suspensions tied to habitual offender status or criminal convictions also remain. The reform was aimed narrowly at people who owed money on ordinary moving violations.
Reinstating a License Still Flagged for an Old Ticket
DOL released most Pierce-covered suspensions automatically after the 2021 court order. If your record still shows a suspension, you’ll need to contact the court that issued the original citation and resolve it, usually by setting up a payment plan. Once the court clears the citation, it notifies DOL, and the department updates your driving record.7Washington State Department of Licensing. Unresolved Traffic Citations (UTC)
After the suspension is released, you still apply for a new license and pay a reissue fee. For non-alcohol-related suspensions, that fee is $75 plus standard licensing fees. For suspensions connected to drug or alcohol offenses, the reissue fee is $170 plus licensing fees.7Washington State Department of Licensing. Unresolved Traffic Citations (UTC) If more than six years have passed since you last held a valid license, you go through the full licensing process as a first-time applicant.
To see exactly what applies to you, log into your License Express account on the DOL website and use the “View reinstatement requirements” link, which generates a personalized checklist based on your driving record.7Washington State Department of Licensing. Unresolved Traffic Citations (UTC)
The Fine Itself Still Has to Be Paid
Your license is no longer at risk for the fine alone, but the debt doesn’t go away. Traffic penalties in Washington are immediately enforceable as civil judgments, and courts can use standard collection tools such as garnishment to recover the money.5Washington State Legislature. RCW 46.63.110 Monetary Penalties Courts routinely refer unpaid tickets to collection agencies. Once that happens, additional fees apply and communication about the ticket runs through the collection agency rather than the court.8City of Seattle. Collections Information
A collection account from an unpaid ticket can appear on your credit report and stay there for seven years. Contacting the court about a payment plan before the ticket reaches collections is the most reliable way to keep that from happening.