“Driving Under Restraint” – Colorado Law & Penalties (CRS § 42-2-138)

Colorado Revised Statute § 42-2-138 prohibits driving under restraint (DUR), which means driving while your license is suspended, revoked, denied, or restrained.

If the reason for your suspension is drunk- or drugged driving, then DUR is a class 2 misdemeanor traffic offense carrying at least 10 days in jail. Otherwise, DUR is a class A traffic infraction carrying fines of $15 to $100 and a possible extension of your license suspension.

In this article, our Denver Colorado criminal defense attorneys will address the following key issues regarding driving under restraint (DUR):

• 1. Elements of CRS 42-2-138
• 2. Penalties
• 3. Defenses
• 4. Related Offenses
• Frequently Asked Questions
• Additional Reading

Driving on a suspended license is usually a class A traffic infraction in Colorado.

1. Elements of CRS 42-2-138

For you to be convicted of driving under restraint (DUR) in Colorado, prosecutors must prove beyond a reasonable doubt the following two elements:

1. You were operating a motor vehicle; and
2. At the time, your license was suspended, revoked, or denied.

It does not matter which state issued your driver’s license.¹

Example: Iris had her Nevada driving privileges revoked following a DUI in Las Vegas. Despite the license revocation, she drives out to Denver for the weekend. If caught, Iris could be charged with DUR in Colorado. It makes no difference that Iris is a non-resident of Colorado.

Note that if your license is under restraint, you may under certain circumstances be eligible for restricted driving privileges from the Division of Motor Vehicles under CRS 42-2-132.5.

Driving on a license suspended due to driving under the influence is a class 2 misdemeanor traffic offense.

2. Penalties

If the reason your driver’s license was placed under restraint was drunk/drugged driving, then DUR in Colorado is prosecuted as a class 2 misdemeanor traffic offense. A first-time offense carries:

• 10 days to 90 days in jail, and
• $150 to $300 in fines and
• an additional year before you can get a license reinstatement.

A subsequent offense within five years of the first case carries:

• 10 days to 90 days in jail and
• $500 to $3,000 in fines and
• an additional four years before you can get a license reinstatement.

Meanwhile, if the reason your driver’s license was placed under restraint was an outstanding judgment, then DUR in Colorado is only a class A traffic infraction. This carries $15 to $100 and three DMV points.

Finally, if your driver’s license was placed under restraint for any other reason (such as too many DMV points), then DUR in Colorado is class a traffic infraction carrying $15 to $100 and an additional year before you can get a license reinstatement. If you get a subsequent conviction within five years, you cannot get your license back for an additional three years.²

Lack of knowledge of the license suspension is a defense to CRS 42-4-138 charges.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with traffic offenses, including driving under restraint. In our experience, the following three defenses have proven highly effective with prosecutors, judges, and juries at getting CRS 42-2-138 charges reduced or dismissed.

1. You did not know your license was suspended. Perhaps the DMV failed to notify you about the suspension or revocation. Or maybe the notice got lost in the mail at no fault of your own. Unless the District Attorney can prove that a reasonable person in your position would have known their driving privileges were suspended, then no DUR crime occurred.³
2. Your license was not under restraint. Perhaps the DMV made a clerical error, or perhaps the police officer at the traffic stop ran the wrong name. As long as you can show you had an active license at the time of the incident, the DUR charges should be dropped.
3. You were driving due to an emergency. It is always unlawful to drive under restraint, even during emergencies. However, the D.A. may choose to drop the criminal charge if you had a legitimate excuse to drive without a current license. Examples may be to escape a wildfire or to take someone to the hospital if an ambulance was unavailable.

4. Related Offenses

• Driving without a license (CRS 42-2-201)
• Driving without registration (CRS 42-3-121)
• Permitting an unauthorized person to drive (CRS 42-2-140)
• Unlawful possession/use of a license (CRS 42-2-136)
• Unlawful possession/use of a commercial license (CRS 42-2-409).

Driving due to an emergency may be enough to get DUR charges dropped.

Frequently Asked Questions

What is considered “driving under restraint” in Colorado?

Driving under restraint (DUR) means operating a motor vehicle while your license is suspended, revoked, denied, or restrained. It does not matter which state issued your license.

What are the penalties for driving under restraint in Colorado?

For DUI-related license restraints, penalties include 10 to 90 days in jail and $150 to $300 fines for first offense. For non-DUI restraints, it is typically a traffic infraction carrying $15 to $100 in fines. Additional license suspension time may apply in both cases.

What if I did not know my license was suspended?

Lack of knowledge can be a valid defense if you can prove you were not properly notified of the suspension (for example, if the DMV failed to notify you or the notice got lost in the post).

Can I drive on a suspended license in an emergency?

While it is technically unlawful to drive under restraint even in emergencies, prosecutors may drop charges if you can prove you were driving due to a legitimate emergency (like escaping a hurricane or taking someone to the ER when no ambulance came).

Additional Reading

For more information, see our related articles:

• How to reinstate a suspended driver’s license in Colorado – the steps you have to take for getting the DMV to give you back your license
• What if I’m caught driving on a suspended license in Colorado? – the consequences of a DUR conviction
• How to remove points from my Colorado driver’s license – a discussion of how DMV points cannot be removed
• How long does it take to get points off your license in Colorado? – an explanation of how points older than two years do not count against you
• How to check points on my Colorado license – the procedure for checking the point status on your license
• How many points on a Colorado license trigger a license suspension? – an outline of how many traffic tickets you can get before the DMV takes action on your license

See our related article, What if I am caught driving on a suspended license in Colorado?

Legal References