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.
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Call Us NowWhat is the penalty for driving without a license in Colorado?
Posted on
It depends on whether the driver simply forgot to carry the license, never had one, or had the wrong one:
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Colorado Penalties |
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| 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:
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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). |
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Non-DUI cases Class A traffic infraction:
A subsequent conviction within five years will extend the suspension or revocation for three years. |
Defenses to “driving without a license” charges
Depending on the facts of the case, six possible defenses to 42-2-101 C.R.S. charges include:
- The defendant had a current and valid license. He/she merely forgot to carry it the day he/she was being pulled over.
- The license had expired within the last year, and the defendant renewed it after being ticketed.
- The defendant’s license has been lost, destroyed, or stolen.
- The defendant’s trunk weighed less than the required weight to get a commercial driver’s license (CDL).
- The defendant drove because it was necessary to prevent a serious and imminent injury not caused by his/her driving.
- The defendant did not need to have a license either because:
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- He/she was an active military member;
- He/she had a valid out-of-state license and was merely visiting Colorado;
- He/she just moved to Colorado within the last 30 days and had a current and valid out-of-state license; or
- He/she was temporarily operating farm equipment.
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.
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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