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.
Colorado DUI
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.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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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.
Per CRS 42-2-138, the penalties for driving under restraint in Colorado grow steeper if a person’s license was suspended due to a DUI, DWAI, or UDD.
If no drugs or alcohol was involved, then DUR is a class A traffic infraction carrying $15 to $100. A first offense carries a year-long license suspension. Successive convictions within five years carry a three-year-long license suspension.1
Meanwhile, driving under restraint if the license was suspended due to driving under the influence is a class 2 misdemeanor traffic offense. A first offense carries:
And subsequent convictions within five years carry::
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:
Note that the court can still fine and jail defendants who prove that they drove under restraint only because it was an emergency. But if the defendant makes a good argument that anyone in his/her position would have driven under restraint, it is unlikely that the court will jail the defendant.
The Colorado crime of driving under the influence (DUI) is a typically punished as a misdemeanor.
A first-time offense usually carries:
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 of DWAI usually carries:
Note that a first-time DWAI conviction does not carry automatic driver’s license suspension.
CRS 42-2-101 makes it a traffic infraction to drive in Colorado without a current and valid driver’s license. Penalties include $10 to $115 in fines.6
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.