What is a “DUS” charge?

Crime of "driving under restraint" (DUR) in Colorado [2022 UPDATES IN DESCRIPTION]

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Colorado motorists face a DUS charge (CRS 42-2-138) for driving with a suspended license. DUS is short for driving under suspension. (Another term for DUS is DUR, short for driving under restraint.) DUS is a crime whether the defendant’s suspended license is from Colorado or another state.

When do licenses get suspended in Colorado?

There are three main scenarios that lead to a driver’s license getting suspended under Colorado law:

The driver was caught driving under the influence of alcohol or drugs or with an illegal blood alcohol content;
The driver racked up more than the maximum allowable DMV points from various traffic crimes or infractions; or
The driver has an outstanding judgment against him or her, such as by not paying child support (the judgment might have nothing to do with traffic tickets)

What is the penalty for DUS?

The punishment for driving on a suspended license depends on the reason for the suspension:

DUS reason

Colorado DUS sentence

DUI charge:

Driving under the influence (DUI);
DUI per se (driving with illegal BAC);
Driving while ability impaired (DWAI); or
UDD (underage DUI)

1st conviction

Class 2 misdemeanor traffic offense:

Ten (10) days to ninety (90) days in jail, and
$150 to $300 in fines, and
A one (1) year extension before there can be a license reinstatement*

2nd or subsequent conviction
(within 5 years of the first offense)

Class 2 misdemeanor traffic offense:

Ten (10) days to ninety (90) days of jail time, and
$500 to $3,000, and
A four (4) year extension before a possible license reinstatement*

The defendant’s driving record exceeded the maximum allowable DMV points from traffic offenses:

Adult drivers 21 years old and older:
- 12 points in a 12-month period, or
- 18 points in a 24-month period;
Minor drivers ages 18 to 20:
- 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:
- 6 points in 12 months, or
- 7 points before turning 18; or
Chauffeurs (professional drivers):
- 16 points in 12 months,
- 24 points in 24 months, or
- 28 points in 48 months.

First-time conviction

Class A traffic infraction:

$15 to $100, and
A one (1) year driver’s license suspension*

Second or subsequent offense
(within five years of the first conviction)

Class A traffic infraction:

$15 to $100, and
A three (3) year driver’s license suspension*

Outstanding Judgment

Class A traffic infraction:

$15 to $100, and
Three (3) DMV points

*Defendants are entitled to a DMV hearing to contest the suspension. Defendants might be able to get a a restricted license from the DMV pursuant to CRS 42-2-132.5.

How can defendants fight DUS charges?

Three potential defenses to allegations of driving while on a suspended license include:

The defendant received no notice that he/she had suspended driving privileges;
The defendant reasonably had no knowledge that he/she had a suspended or revoked license; or
The Division of Motor Vehicles’ records were incorrect, and the defendant’s license should not have been suspended.

Even in emergency situations, driving on a suspended license is still a traffic violation. However, prosecutors may elect to dismiss the charge as long as the defendant acted reasonably.

Our law firm is based in Denver, but we practice throughout the state of Colorado, including Arapahoe County, Colorado Springs, and more. Call us today to discuss getting legal representation by an experienced attorney.

See our related article What does a DUR charge mean?

Prior to March 1, 2022, DUI-related DUS was prosecuted as a misdemeanor. A 1st offense carried 30 days to 1 year in jail and $500 to $1,000 in fines. A 2nd offense carried 90 days to 2 years in jail and $500 to $3,000 in fines. And non-DUI related DUS was also a misdemeanor that carried up to $500 and/or 6 months in jail. SB21-271.

About the Author

Michael Becker

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.

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