Driving Under Restraint (DUR) – Driving on a Suspended License in Colorado

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

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CRS 42-2-138 is the Colorado law that prohibits driving under restraint (DUR), which means driving while your license is suspended, revoked, denied, or restrained. If the reason for your suspension is drunk- or drugged driving, then DUR is a class 2 misdemeanor traffic offense carrying at least 10 days in jail.

Here are three key things to know:

If driving under the influence was not the reason your license was suspended, DUR is a class A traffic infraction carrying $15 to $100 in fines.
A DUR conviction may also delay you getting your license reinstated by at least one year.
Common defenses to DUR charges are that you did not know your license was suspended or that there was an emergency.

In this article, our Denver Colorado criminal defense attorneys discuss:

Police realizing that driver he pulled over was driving on a suspended license in violation of CRS 42-2-138.

Driving on a suspended license is usually a class A traffic infraction in Colorado.

1. What does it mean to be driving under restraint (DUR)?

Driving under restraint (DUR) is operating a motor vehicle in Colorado even though your driving privileges have been suspended, denied or revoked. It does not matter which state issued your driver’s license.¹

Example: Iris had her Nevada driving privileges revoked following a DUI in Las Vegas. Despite the license revocation, she drives out to Denver for the weekend. If caught, Iris could be charged with DUR in Colorado. It makes no difference that Iris is a non-resident of Colorado.

2. What happens if I’m caught driving with a suspended license in Colorado?

If you’re caught driving on a suspended license in Colorado, the penalties depend on the reason the driving privileges were suspended, denied, or revoked. There are three possible reasons for a revoked license under Colorado law:

An outstanding judgment, which means not paying a debt – such as child support – in violation of court orders,
DUI, DUI per se, DWAI, UDD, or another drunk-driving related charge in any state, or
Any other reason (such as by accumulating too many DMV points from other driving offenses)

Reason for Suspension of Driving Privileges	Punishment for Driving Under Restraint in Colorado
Outstanding Judgment	Class A traffic infraction: $15 to $100, and 3 DMV points
DUI, DUI per se, DWAI, or UDD	First offense Class 2 misdemeanor traffic offense: 10 days to 90 days in jail, and $150 to $300 in fines Also, the date you can get a license reinstatement is extended for another year.*
DUI, DUI per se, DWAI, or UDD	Subsequent offense (within five years of the first conviction) Class 2 misdemeanor traffic offense: 10 days to 90 days of jail time, and $500 to $3,000 Also, you may not get a new license in Colorado for four years.*
Any other reason	First offense Class A traffic infraction: $15 to $100 Your license suspension is extended for another year.*
Any other reason	Subsequent offense (within five years of the first conviction) Class A traffic infraction: $15 to $100 You may not get driving privileges in Colorado for three years.*
*Under certain circumstances, you may be eligible for restricted driving privileges from the Division of Motor Vehicles under CRS 42-2-132.5.²

Driver explaining to officer that she did not realize she was driving under restraint (DUR in Colorado)

Lack of knowledge of the license suspension is a defense to CRS 42-4-138 charges.

3. Are there defenses to CRS 42-2-138 charges?

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with traffic offenses like driving under restraint. In our experience, the following three defenses are very effective with prosecutors, judges, and juries.

You did not know your license was suspended. Perhaps the DMV failed to notify you about the suspension or revocation. Or perhaps the notice got lost in the mail at no fault of your own. Unless the District Attorney can prove that a reasonable person in your position would have known their driving privileges were suspended, then no DUR crime occurred.³
Your license was not under restraint. Perhaps the DMV made a clerical error, or perhaps the police officer at the traffic stop ran the wrong name. As long as you can show you had an active license at the time of the incident, the DUR charges should be dropped.
You were driving due to an emergency. It is always illegal to drive under restraint, even during emergencies. However, the D.A. may choose to drop the criminal charge if you had a legitimate excuse to drive without a current license. Examples may be to escape a wildfire or to take someone to the hospital if an ambulance was unavailable.

4. Related offenses

4.1. Driving Without a License

CRS 42-2-101 makes it a class A traffic infraction to drive in Colorado without a current and valid driver’s license. Penalties include:

$15 to $100 plus a surcharge; and
Possibly DMV points

After a subsequent conviction, you will have to wait an extra year to get a Colorado driver’s license.

Note that driving on a recently expired license – or operating a motor vehicle without a license in your immediate possession – is only a class B traffic infraction. The penalty for this traffic ticket is $15 to $100. Though a subsequent conviction will cause 6 DMV points to go on your driving record.

4.2. Unlawful Possession or Use of a License

CRS 42-2-136 makes it a crime to unlawfully possess or use a driver’s license in Colorado. Examples of this offense include:

Altering a driver’s license
Fraudulently obtaining someone else’s license
Not surrendering a suspended or canceled license
Letting someone else use your license
Presenting someone else’s license as your own
Duplicating a license for unlawful purposes

This crime is typically a class 2 misdemeanor under CRS 42-2-136. Unlawful possession of a driver’s license can result in up to 120 days in jail and/or up to $750 in fines.

Note that it is a petty offense to photograph, copy, or duplicate a license for purpose of resale, reuse, or distribution. An example is making a fake ID using Photoshop. Penalties include up to 10 days in jail and/or up to $300 in fines.²

Also see our article, unlawful possession of use of a commercial driver’s license (CRS 42-2-409).

4.3. Permitting an Unauthorized Person to Drive

CRS 42-2-140 makes it a class B traffic infraction to let a person with no driving privileges operate a motor vehicle in Colorado. An example is letting your friend borrow a car even though you know the friend had their driving privileges suspended due to too many traffic offenses. Penalties include $15 to $100 in fines.

4.4. Driving without Registration

CRS 42-3-121 makes it a class B traffic infraction to drive without registration. Penalties include $15 to $100 in fines.

Additional reading

For more information, see our related articles:

How to reinstate a suspended driver’s license in Colorado – the steps you have to take for getting the DMV to give you back your license
What if I’m caught driving on a suspended license in Colorado? – the consequences of a DUR conviction
How to remove points from my Colorado driver’s license – a discussion of how DMV points cannot be removed
How long does it take to get points off your license in Colorado? – an explanation of how points older than two years do not count against you
How to check points on my Colorado license – the procedure for checking the point status on your license
How many points on a Colorado license trigger a license suspension? – an outline of how many traffic tickets you can get before the DMV takes action on your license

Legal References

Colorado Revised Statute 42-2-138; People v. Wambolt, 2018 COA 88, 431 P.3d 681.
CRS 42-2-138; see also Colo. Dept. of Rev. v. Garner, 66 P.3d 106 (Colo. 2003). Prior to March 1, 2022, 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. HB22-1229.
Jolly v. People, 742 P.2d 891 (Colo. 1987); People v. Ellison, 14 P.3d 1034 (Colo. 2000).

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