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What does "DUR" stand for in Colorado law?

Posted by Neil Shouse | Jan 15, 2019 | 0 Comments

DUR is short for the Colorado crime of driving under restraint. A person is DUR when he/she drives while his/her license has been suspended, revoked, or denied. It does not matter whether the driver is a Colorado resident.

DUR penalties in Colorado (Colorado Revised Statute 42-2-138 C.R.S.)

The penalties for driving under restraint in Colorado depend on whether the license was suspended due to a DUI, DWAI, or UDD. If no drugs or alcohol was involved, then DUR carries misdemeanor penalties of:

  • Up to six (6) months in jail, and/or
  • A fine of up to $500

Note that a second (or subsequent) DUR conviction within five (5) years makes the person ineligible for a driver's license for three (3) years.

Meanwhile, driving under restraint if the license was suspended due to driving under the influence carries harsher penalties. A first-time offense carries:

  • Up to one (1) year in jail (with at least 30 days mandatory), and
  • A discretionary fine of $500 to $1,000, and
  • an added year of license ineligibility

A second-time offense of DUR within five years of the first carries:

  • Up to two (2) years in jail (with at least 60 days mandatory), and
  • A discretionary fine of $500 to $3,000, and
  • An added four (4) years of license ineligibility

DUR defenses in Colorado

There are various ways to defend against allegations of driving under restraint. The best strategies turn on the unique circumstances of the case and the available evidence. Potential arguments include:

  • The defendant never received notice that his/her driver's license was revoked or suspended;
  • The defendant reasonably did not know that his/her driver's license was under restraint;
  • The DMV made a clerical error that wrongly showed the defendant's driver's license was under restraint; or
  • The defendant knowingly drove under restraint but only because there was an emergency situation

Note that the court can still fine and jail defendants who prove that they drove under restraint only because it was an emergency situation. But if the defendant makes a good argument that anyone on his/her position would have driven under restraint, it is unlikely that the court will jail the defendant.

DUI penalties in Colorado

The Colorado crime of driving under the influence (DUI) is a typically punished as a misdemeanor. A first-time offense usually carries:

  • Five (5) days to one (1) year in jail,
  • A fine of $600 to 1,000,
  • Driver's license suspension of up to nine (9) months, and
  • 48 to 96 hours of community service.

Note that defendants will be sentenced as a repeat offender if their blood alcohol concentration (BAC) was 0.15% or higher.

DUI is slightly different from DWAI, which is short for driving while ability impaired. A person can be convicted of DWAI whenever they are driving impaired by drugs or alcohol, even if their BAC is within the legal range of less than 0.08%. A first-time offense usually carries:

  • Two (2) days to 180 days in jail,
  • A fine of $200 to 500,
  • 24 to 48 hours of community service, and
  • Eight (8) points on your DMV driving record.

Note that a first-time DWAI conviction does not carry automatic driver's license suspension.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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