Revised Code of Washington

Wash. Rev. Code § 46.20.031 (2026)

Ineligibility

✓ current as of May 2026
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The department shall not issue a driver's license to a person:
(1) Who is under the age of sixteen years;
(2) Whose driving privilege has been withheld unless and until the department may authorize the driving privilege under RCW 46.20.311;
(3) Who has been classified as an alcoholic, drug addict, alcohol abuser, or drug abuser by a program approved by the department of social and health services. The department may, however, issue a license if the person:
(a) Has been granted a deferred prosecution under chapter 10.05 RCW; or
(b) Is satisfactorily participating in or has successfully completed an alcohol or drug abuse treatment program approved by the department of social and health services and has established control of his or her alcohol or drug abuse problem;
(4) Who has previously been adjudged to be mentally ill or insane, or to be incompetent due to a mental disability or disease. The department shall, however, issue a license to the person if he or she otherwise qualifies and:
(a) Has been restored to competency by the methods provided by law; or
(b) The superior court finds the person able to operate a motor vehicle with safety upon the highways during such incompetency;
(5) Who has not passed the driver's licensing examination required by RCW 46.20.120 and 46.20.305, if applicable;
(6) Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;
(7) Who is unable to safely operate a motor vehicle upon the highways due to a physical or mental disability. The department's conclusion that a person is barred from licensing under this subsection must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction.
[ 2002 c 279 s 3; 1999 c 6 s 7; 1995 c 219 s 1; 1993 c 501 s 2; 1985 c 101 s 1; 1977 ex.s. c 162 s 1; 1965 ex.s. c 121 s 4.]

Notes:

Intent1999 c 6: See note following RCW 46.04.168.
Allowing unauthorized person to drive: RCW 46.16A.520, 46.20.024.
Juvenile driving privileges, alcohol or drug violations: RCW 66.44.365, 69.50.420.
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1978–2021 · leading case: State v. Shawn P., 859 P.2d 1220 (Wash. 1993).
State v. Shawn P., 859 P.2d 1220 (Wash. 1993). · cites it 4× “See RCW 46.20.031(1); RCW 46.20.055(1)(a). For example, a 19-year-old who drinks alcohol, and who presumably already has a driver's license, is a far greater risk for driving while drunk than is a 14-year-old, who cannot even drive a car for the next 2 years.”
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Wash. Rev. Code § 46.20.031 (1987) W. Va.”
State v. Kirkpatrick, 161 P.3d 990 (Wash. 2007). · cites it 2× “See RCW 46.20.031. This evidence suggests that admission of the DOL document, if erroneous, would be harmless error.”
Hansen v. Friend, 824 P.2d 483 (Wash. 1992). · cites it 2× “RCW 46.20.031(1). It therefore remains a question for the trier of fact whether the harm 15-year-old Hansen sustained was foreseeable.”
In re Pers. Restraint of Monschke, 482 P.3d 276 (Wash. 2021). “, RCW 46.20.031(1) (setting minimum age to receive a driver’s license at 16), .”
Amunrud v. Bd. of Appeals, 158 Wash. 2d 208 (Wash. 2006). “or injury to any person or serious property damage; (3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard…”
State v. Kirkpatrick, 160 Wash. 2d 873 (Wash. 2007). “Consequently, I concur with the majority’s disposition of this case and affirm the Court of Appeals, albeit on different grounds.”
Yakima Cnty. v. Law Enf't Officers, 237 P.3d 316 (Wash. Ct. App. 2010). “011; RCW 46.20.031(4), .041(1) and.305(1)), and deprive ordinary citizens of their liberty while enforcing the law.”
Yakima Cnty. v. Yakima Cnty. Law Enf't Officers Guild, 157 Wash. App. 304 (Wash. Ct. App. 2010). “011; RCW 46.20.031(4), .041(1), .305(1)), and deprive ordinary citizens of their liberty while enforcing the law.”
Amunrud v. Bd. of Appeals, 143 P.3d 571 (Wash. 2006). “injury to any person or serious property damage; *586 (3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a…”
City of Spokane v. Port, 716 P.2d 945 (Wash. Ct. App. 1986). “Hence, driving an automobile on our state's public highways is a privilege and not a right because the activity is limited to a certain class of individuals, generally those over the age of 16 years, who have passed a driver's license examination.”
City of Spokane v. McGoldrick, 584 P.2d 471 (Wash. Ct. App. 1978). · cites it 2× “324 2 became inoperative when the examining officer chose not to exercise the authority accorded the Department in RCW 46.20.031 and issued the temporary *258 permit.”
— Wash. Rev. Code § 46.20.031(1) — 5 cases
State v. Shawn P., 859 P.2d 1220 (Wash. 1993). “See RCW 46.20.031(1); RCW 46.20.055(1)(a). For example, a 19-year-old who drinks alcohol, and who presumably already has a driver's license, is a far greater risk for driving while drunk than is a 14-year-old, who cannot even drive a car for the next 2 years.”
Hansen v. Friend, 824 P.2d 483 (Wash. 1992). “RCW 46.20.031(1). It therefore remains a question for the trier of fact whether the harm 15-year-old Hansen sustained was foreseeable.”
In re Pers. Restraint of Monschke, 482 P.3d 276 (Wash. 2021). “, RCW 46.20.031(1) (setting minimum age to receive a driver’s license at 16), .”
State v. Kirkpatrick, 161 P.3d 990 (Wash. 2007). “See RCW 46.20.031. This evidence suggests that admission of the DOL document, if erroneous, would be harmless error.”
State v. Kirkpatrick, 160 Wash. 2d 873 (Wash. 2007). “Consequently, I concur with the majority’s disposition of this case and affirm the Court of Appeals, albeit on different grounds.”
— Wash. Rev. Code § 46.20.031(3) — 2 cases
Amunrud v. Bd. of Appeals, 158 Wash. 2d 208 (Wash. 2006). “or injury to any person or serious property damage; (3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard…”
Amunrud v. Bd. of Appeals, 143 P.3d 571 (Wash. 2006). “injury to any person or serious property damage; *586 (3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a…”
— Wash. Rev. Code § 46.20.031(4) — 2 cases
Yakima Cnty. v. Law Enf't Officers, 237 P.3d 316 (Wash. Ct. App. 2010). “011; RCW 46.20.031(4), .041(1) and.305(1)), and deprive ordinary citizens of their liberty while enforcing the law.”
Yakima Cnty. v. Yakima Cnty. Law Enf't Officers Guild, 157 Wash. App. 304 (Wash. Ct. App. 2010). “011; RCW 46.20.031(4), .041(1), .305(1)), and deprive ordinary citizens of their liberty while enforcing the law.”
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