Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Crime of "driving under restraint" (DUR) in Colorado [2022 UPDATES IN DESCRIPTION]
In Colorado, driving under restraint (CRS 42-2-138) is the crime of operating a motor vehicle with a license that has been revoked or suspended. Motorists may be convicted of driving under restraint (DUR) in Colorado whether or not their license is from Colorado or another state.
Three main reasons that drivers’ licenses get suspended or revoked are:
The driver had an arrest or conviction of DUI (drunk or drugged driving / driving with an illegal BAC);
The driver accumulated too many DMV points from various traffic violations (such as reckless driving or speeding traffic offenses); or
The driver has an outstanding judgment, such as late child support payments
$150 to $1,000 in fines (at the judge’s discretion), and
A 1-year extension before there can be a license reinstatement*
The court may not suspend the defendant’s sentence or grant probation. However, there is no mandatory jail sentence if the court finds that the defendant drove because of an emergency.
Second or subsequent conviction
(within five years of the first offense)
Class 2 misdemeanor traffic offense:
10 days to 2 years of jail time, and
$500 to $3,000 in fines (at the court’s discretion), and
A 4-year extension before the defendant can get a new license*
The court may not grant probation or a suspended sentence without mandatory jail time. However, the minimum jail sentence may be lifted if the court finds that the defendant drove because of an emergency.
Accumulation of too many DMV points from driving offenses. 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.
A 1-year extension of suspended driving privileges*
Second or subsequent offense
(within five years of the first conviction)
Class A traffic infraction:
$15 to $100, and
A 3-year extension of suspended driving privileges*
Class A traffic infraction:
$15 to $100, and
3 DMV points
*Under certain conditions, defendants may be eligible for a restricted license from the Division of Motor Vehicles under CRS 42-2-132.5.
What are DUR defenses?
Possible arguments to fight Colorado allegations of driving under restraint include the following:
The defendant was never notified that he/she had a suspended license or revoked license;
The defendant reasonably did not know (“no actual knowledge of any restraint”) that his/her driver’s license was revoked or suspended; or
The DMV made a clerical error, and the DMV wrongly suspended or revoked the person’s license.
Note that driving under restraint in an emergency is still a violation of CRS 42-2-138. But the District Attorney may choose to dismiss the charges of such person if the emergency was valid, and the Colorado driver acted as a reasonable person would under the circumstances.
Our criminal defense attorneys offer legal advice on traffic cases.
Our law firm is based in Denver, but we practice throughout the state, including Arapahoe County, Adams County, and Jefferson County.
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.
About the Author
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
Maybe. Teachers and prospective teachers may face difficulty in gaining employment or maintaining their educator positions, with a DUI or DWI conviction on their record. The true answer to this question typically depends on the severity of the DUI and the jurisdiction in which the teacher works. With regards to new teachers, they are subject ...
There are three ways to check whether your driver’s license is suspended or revoked in Nevada. The first is to check online at the DMV website. The second is to contact the DMV by phone or email (but note that wait and response times are much longer amidst the COVID-19 crisis. The third is to ...
Yes. If the Nevada DMV gets notice that a driver suffers from a vision impairment (including cataracts and macular degeneration) that cannot be helped by corrective lenses, the DMV can take either of the following two measures: Request that the person take a driving test, written test, and/or vision test. If the results are poor, ...
There are 3 ways to check the status of your California driver’s and whether it is valid or suspended: online on the DMV website, in person at a DMV office, and by mailing an INF 1125 form to the DMV headquarters. Each method has a fee. That fee ranges from $2 to $5.1 There are 2 ...