![Crime of "driving under restraint" (DUR) in Colorado [2022 UPDATES IN DESCRIPTION]](https://www.shouselaw.com/wp-content/plugins/wp-youtube-lyte/lyteCache.php?origThumbUrl=https%3A%2F%2Fi.ytimg.com%2Fvi%2FYVy7R1SqjpU%2F0.jpg)
Driving under restraint (DUR) in Colorado means driving while your license is revoked, suspended, or denied. If your license is restrained because of drunk or drugged driving, DUR is a class 2 misdemeanor traffic offense carrying at least 10 days in jail; otherwise, DUR is a class A traffic infraction carrying a maximum $100 fine.1
How can I fight DUR charges?
Here at Colorado Legal Defense Group, I have defended literally thousands of people charged with driving under restraint. In my experience, the following three defenses are very effective in getting DUR cases completely dismissed:
- The state never notified you that your license was under restraint. Colorado’s Department of Revenue (DMV) is a large government agency, and sometimes they fail to mail out notifications of license suspensions or revocations. Unless the DMV officially sent you a notice, DUR charges cannot stand.
- You reasonably did not know that your license was under restraint. Even if the DMV did send you a notice, perhaps you never received it because it got lost in the U.S. mail. Unless you had “actual knowledge of any restraint” on your license, you committed no crime by driving.2
- The DMV made a clerical error. Occasionally state workers make mistakes or there are computer glitches that wrongly cause the DMV to restrain your license. If there was no legitimate reason for your license to be revoked, suspended or denied, then you can continue driving legally.
What if it was an emergency?
Driving under restraint in an emergency is still a violation of CRS 42-2-138. However, the District Attorney may choose to dismiss your DUR charges if the emergency was valid and you acted as a reasonable person would under the circumstances.
Example: Joe’s license has been suspended because he is late on his child support payments. Suddenly the fire marshal orders him to evacuate due to a wildfire closeby. Here, Joe probably will not be convicted of DUR for fleeing in his car because he acted as any reasonable person would in this emergency situation.
What are the penalties for driving under restraint?
The penalties for driving under restraint in Colorado are the most serious when the reason for the restraint was a DUI.3
| DUR crime if the reason for your restrained license was a DUI | Class 2 misdemeanor traffic offense penalties |
| First offense in five years |
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| Subsequent offense in five years |
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Meanwhile, DUR carries no jail time in Colorado if the reason for the restraint was excessive DMV points from traffic violations.4
| DUR crime if the reason for your restrained license was excessive DMV points | Class A traffic infraction penalties |
| First offense in five years |
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| Subsequent offense in five years |
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Finally, if the reason for your restrained license in Colorado is an outstanding judgment, then driving under restraint is a class A traffic infraction carrying a fine of $15 to $100 plus three DMV points. There is no jail time or an extension of the restraint on your license.5
Can my record be sealed?
Convictions for traffic misdemeanors and traffic infractions remain on your Colorado criminal record forever.6 That is why I fight to get your case dismissed so we can seal your record right away. Learn more about Colorado record seals.
Additional reading
For more information, see our related articles:
- How to remove points from my Colorado driver’s license – an explanation of how there is no way to remove points yourself
- How long does it take to get points off your license in Colorado? – an explanation of how DMV points never disappear but stop counting against you after two years
- How to check points on my Colorado license – a step-by-step guide for checking what your driving record is
- How to reinstate a suspended driver’s license in Colorado – a step-by-step guide for getting your license back after a period of revocation
- How long do points stay on your license in Colorado? – a discussion of how driving license points do not go away
- How many points on a Colorado license trigger a license suspension? – an informational guide of how many traffic violation points will cause you to lose your license
- What if I’m caught driving on a suspended license in Colorado? – the law and penalties for operating a motor vehicle while your license is “under restraint”
Legal References
- CRS 42-2-138. HB 1229 (2022). See also People v. Wambolt (Colo. App. 2018) 431 P.3d 681; People v. Tun (Colo. App. 2021) 486 P.3d 490.
- Same.
- Same. DUI encompasses driving while impaired by drugs or alcohol, DUI per se (driving with a BAC of .08% or higher), DWAI, and UDD (underage DUI). Under certain conditions, you may be eligible for a restricted license from the Division of Motor Vehicles under CRS 42-2-132.5.
- See note 1. Colorado driver’s licenses get automatically suspended when either: Adult drivers 21 years old and older accrue 12 points in a 12-month period, or 18 points in a 24-month period; Minor drivers ages 18 to 20 accrue 9 points in a 12-month period of time, 12 points in 24 consecutive months, or 14 points or more; Minor drivers under 18 years old accrue 6 points in 12 months, or 7 points before turning 18; or Chauffeurs (professional drivers) accrue 16 points in 12 months, 24 points in 24 months, or 28 points in 48 months. CRS 42-2-127. Under certain conditions, you may be eligible for a restricted license from the Division of Motor Vehicles under CRS 42-2-132.5.
- See note 1. Prior to March 1, 2022, DUI-related DUR was charged as a misdemeanor. A first-time offense carried 30 days to 1 year in jail and $500 to $1,000 in fines. A second-time offense carried 90 days to 2 years in jail and $500 to $3,000 in fines. And non-DUI related DUR was also a misdemeanor that carried up to $500 and/or 6 months in jail. SB21-271.
- CRS 24-72-703.
