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Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
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It depends on whether the driver simply forgot to carry the license, never had one, or had the wrong one:
| Colorado Penalties | |
| The driver has a current and valid license but forgot to bring it | Class B traffic infraction:
A subsequent conviction puts six DMV points on the defendant’s license. The court may dismiss the charge if the defendant produces a current and valid license by the next court appearance. |
| The driver’s license expired less than one year ago | Class B traffic infraction:
A subsequent conviction puts six DMV points on the defendant’s license. The court may dismiss the charge if the defendant produces a current and valid license by the next court appearance. |
| The driver never had a license, or it expired at least one year earlier | Class A traffic infraction
A subsequent conviction may prevent the defendant from getting a license for one year. |
The driver’s license was for the wrong class of vehicle, such as a motorcycle or commercial vehicles that either:
| Class A traffic infraction
A subsequent conviction may prevent the defendant from getting a license for one year. |
| The driver’s license is suspended or revoked, a.k.a. driving under restraint (42-2-138 C.R.S.) | The restraint was due to DUI Class 2 misdemeanor traffic offense:
The suspension or revocation will be extended by one year. A subsequent offense is also a class 2 misdemeanor traffic offense:
The suspension or revocation will be extended for four years (if the incident occurred within five years of the last one). |
| Non-DUI cases Class A traffic infraction:
A subsequent conviction within five years will extend the suspension or revocation for three years. |
Depending on the facts of the case, six possible defenses to 42-2-101 C.R.S. charges include:
Prior to March 1, 2022, driving without a license (or with one that was expired for at least one year) was a class 2 misdemeanor traffic offense, carrying 10 to 90 days in jail, and/or $150 to $300 in fines. And DUI-related DUR was 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.
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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