Revised Code of Washington
Wash. Rev. Code § 46.20.021 (2026)
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(1) New Washington residents must obtain a valid Washington driver's license within thirty days from the date they become residents.
(2) To qualify for a Washington driver's license, a person must surrender to the department all valid driver's licenses that any other jurisdiction has issued to him or her. The department must invalidate the surrendered photograph license and may return it to the person.
(a) The invalidated license, along with a valid temporary Washington driver's license provided for in RCW 46.20.065, is proper identification.
(b) The department shall notify the previous issuing department that the licensee is now licensed in a new jurisdiction.
(3) For the purposes of obtaining a valid driver's license, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public assistance programs; or
(c) Declaring residency for the purpose of obtaining a state license or tuition fees at resident rates.
(4)(a) "Washington public assistance programs" means public assistance programs that receive more than fifty percent of the combined costs of benefits and administration from state funds.
(b) "Washington public assistance programs" does not include:
(i) The Food Stamp program under the federal Food Stamp Act of 1964;
(ii) Programs under the Child Nutrition Act of 1966, 42 U.S.C. Secs. 1771 through 1788;
(iii) Temporary Assistance for Needy Families; and
(iv) Any other program that does not meet the criteria of (a) of this subsection.
[ 1999 c 6 s 5. Prior: 1997 c 66 s 3; 1997 c 59 s 8; 1996 c 307 s 5; prior: 1991 c 293 s 3; 1991 c 73 s 1; 1990 c 250 s 33; 1988 c 88 s 1; 1985 c 302 s 2; 1979 ex.s. c 136 s 53; 1965 ex.s. c 121 s 2.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Purpose—Construction—1965 ex.s. c 121: "With the advent of greatly increased interstate vehicular travel and the migration of motorists between the states, the legislature recognizes the necessity of enacting driver licensing laws which are reasonably uniform with the laws of other states and are at the same time based upon sound, realistic principles, stated in clear explicit language. To achieve these ends the legislature does hereby adopt this 1965 amendatory act relating to driver licensing modeled after the Uniform Vehicle Code subject to such variances as are deemed better suited to the people of this state. It is intended that this 1965 amendatory act be liberally construed to effectuate the purpose of improving the safety of our highways through driver licensing procedures within the framework of the traditional freedoms to which every motorist is entitled." [ 1965 ex.s. c 121 s 1.]
Notes of Decisions
Cited in 24
cases, 1975–2014 · leading case: City of Spokane v. Port, 716 P.2d 945 (Wash. Ct. App. 1986).
City of Spokane v. Port, 716 P.2d 945 (Wash. Ct. App. 1986). “We are asked to determine whether RCW 46.20.021 and Spokane Municipal Code 16.”
State v. Coss, 943 P.2d 1126 (Wash. Ct. App. 1997). “435 was meant to prevent a continuing violation of RCW 46.20.021. Id. Accordingly, "[i]f a validly licensed driver is available to remove the vehicle, a reason to impound must be shown.”
State v. Reynoso, 702 P.2d 1222 (Wash. Ct. App. 1985). “4 When subsections (1) through (3) are considered as a whole, it is clear the Legislature was primarily interested in preventing a continuing violation of RCW 46.20.021 or the other traffic offenses listed in subsection (1) of RCW 46.”
State v. McKenna, 958 P.2d 1017 (Wash. Ct. App. 1998). “McKenna for possession of paraphernalia, [4] he had alternate, independent, valid grounds for arrestdriving without a valid license, a misdemeanor under RCW 46.20.021(1), and the outstanding arrest warrant.”
State v. White, 958 P.2d 982 (Wash. 1998). “89, § 3) provides: “Upon determining that a person is operating a motor vehicle without a valid driver’s license in violation of RCW 46.20.021 or with a license that has expired for ninety days or more, or with a suspended or revoked license in violation of RCW 46.”
State v. Jordan, 747 P.2d 1096 (Wash. Ct. App. 1987). “Full Custodial Arrest Jordan argues that a full custodial arrest for the offense of driving without a valid license violates article 1, section 7 of the Washington Constitution and is contrary to accepted case law.”
State v. Clifford, 787 P.2d 571 (Wash. Ct. App. 1990). “The Stevens County Superior Court affirmed the decision of the District Court and determined Douglas Clifford and Kelly Harris did not have a constitutional right, based on freedom of religion, to operate a motor vehicle without a driver's license, RCW 46.20.021. Mr. Clifford…”
State v. Echeverria, 934 P.2d 1214 (Wash. Ct. App. 1997). “250, in that he, "with intent to conceal such weapon, did furtively carry a metal throwing star, a dangerous weapon”; and count three, driving a motor vehicle without a valid operator’s license in violation of RCW 46.20.021. *780 On August 1, 1995, an adjudication hearing was…”
State v. Barajas, 789 P.2d 321 (Wash. Ct. App. 1990). “Since Hehman, the Legislature has decriminalized most traffic offenses.”
State v. Peterson, 964 P.2d 1231 (Wash. Ct. App. 1998). “435 was meant to prevent a continuing violation of RCW 46.20.021. Id. Accordingly, "[i]f a validly licensed driver is available to remove the vehicle, a reason to impound must be shown.”
State v. Harris, 921 P.2d 1052 (Wash. 1996). “The officer cited Defendant for driving without a valid operator’s license, in violation of RCW 46.20.021 (a misdemeanor). The officer also filled out a citation form for taking a motor vehicle without the owner’s permission, in violation of RCW 9A.”
State v. Harris, 921 P.2d 1052 (Wash. 1996). “The officer cited Defendant for driving without a valid operator's license (NVOL), in violation of RCW 46.20.021 (a misdemeanor). The officer also filled out a citation form for taking a motor vehicle without the owner's permission (TMV), in violation of RCW 9A.”
— Wash. Rev. Code § 46.20.021(1) — 4 cases
State v. McKenna, 958 P.2d 1017 (Wash. Ct. App. 1998). “McKenna for possession of paraphernalia, [4] he had alternate, independent, valid grounds for arrestdriving without a valid license, a misdemeanor under RCW 46.20.021(1), and the outstanding arrest warrant.”
State v. Bynum, 884 P.2d 10 (Wash. Ct. App. 1994).
State v. Clifford, 787 P.2d 575 (Wash. Ct. App. 1990).
State Of Washington, / X-app. v. Oliver William Weaver, Jr., / X-res. (Wash. Ct. App. 2014).
— Wash. Rev. Code § 46.20.021(2) — 1 case
City of Aberdeen v. Cole, 537 P.2d 1073 (Wash. Ct. App. 1975).
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