If you are pulled over for driving on a suspended or revoked license in Colorado – an offense referred to as driving under restraint (DUR) or driving after revocation prohibited (DARP) – you can face severe penalties up to and including possible incarceration. While Colorado no longer has mandatory jail time for some first-time DUR offenders as of March 1, 2022, judges still frequently impose jail time on individuals caught driving without a valid license, especially repeat offenders. If you are facing charges for Colorado DUR, our attorneys can fight to protect your freedom and your right to drive.
Were You Caught Driving on a Suspended or Revoked License?
Driving under restraint is now a traffic infraction under Colorado law. This came about in March 2022 thanks to the passing of Senate Bill 21-271. Colorado Revised Statutes Section 42-2-138(1)(a) provides:
“Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason . . . is guilty of a class A traffic infraction.”
As you can see, to obtain a conviction, the prosecutor must prove you had “knowledge” that your license had been suspended or revoked. While Colorado prosecutors have several ways to confirm this, there are several defenses to DUR charges. For example, in People v. Boulden, 2016 COA 109, the Colorado Court of Appeals held that merely mailing a suspension notice does not automatically prove the defendant knew of the license restraint. A DUR conviction requires proof of actual notice or awareness, not just procedural compliance by the DMV. In People v. Tun, Court of Appeals No. 17CA0315 (2021), the Court of Appeals held that mailing to a “last-known address” creates a permissive inference that notice was received, but it is still the prosecution’s burden to prove that the defendant actually knew their license was under restraint. Our attorneys are skilled at challenging DUR charges under various legal theories, including insufficient knowledge, unconstitutional traffic stops, emergencies, etc.
Penalties for Driving Under Restraint
The criminal penalties for DUR vary depending on both (i) the reason your license was suspended or revoked, and (ii) whether you have any prior DUR convictions. These penalties are discussed below:
DUR Penalties – First Offense, Not Alcohol-Related
If this is your first offense and your license suspension or revocation is not the result of a conviction for driving under the influence (DUI), driving while ability impaired (DWAI), or underage drinking and driving (UDD), the possible penalties if you get convicted for DUR include:
- Up to six months in jail
- Up to a $500 fine
- A minimum one year restraint extension of your Colorado driving privileges
DUR Penalties – Second or Subsequent Offense, Not Alcohol-Related
If this your second or subsequent DUI charge for a non-alcohol-related suspension or revocation, the possible penalties are the same as for a first-time offense but also include an additional three years of driving restraint.
DUR Penalties – First Offense, Alcohol-Related
For a first-time DUR offense involving a license suspension or revocation resulting from a conviction for DUI, DWAI, UDD, or alcohol-related administrative suspension, a fine is assessed between $15 to $100. But, more damaging, a minimum one-year restraint extension is assessed to your Colorado driving privileges.
A minimum 30-day jail sentence is mandatory for violation of a DUI-related restraint. The judge hearing your case is not allowed to substitute probation or a suspended sentence for jail time, although alternative sentencing like in-home detention, work release, weekenders or work crew is a possibility (C.R.S. Section 42-2-138(D)(I)).
DUR Penalties – Second or Subsequent Offense, Alcohol-Related
For a second or subsequent DUR involving an alcohol-related suspension or revocation, the potential penalties include:
- Minimum of 90 days in jail
- Maximum sentence of 2 years in jail
- $500 to $3,000 in fines
- If the second or subsequent offense is within 5 years of the first, an additional license revocation of 4 years will be imposed
Like first-time offenders, repeat DUR offenders for alcohol-related restraints face a mandatory minimum period of incarceration as well.
Additional Consequences of a DUR in Colorado
Along with fines and possible jail time, DUR offenders in Colorado also face other potential ramifications. For example, in addition to the statutory fines, you will be required to pay court fees and surcharges. In addition, a DUR conviction counts as a habitual traffic offender strike on your driving record. Accumulating three habitual strikes in a seven-year period can lead to the loss of license for an additional 5 years and multiple years of incarceration for driving after revocation prohibited. As a result, you need to take your DUR charges very seriously—you need an experienced traffic defense attorney on your side.
Contact Tiftickjian Law Firm, P.C. about Your Colorado DUR Case
The Denver, CO attorneys at Tiftickjian Law Firm, P.C. have handled hundreds of DUR cases throughout Colorado. This includes not only years of experience as defense lawyers, but also prior experience as county prosecutors. If you are facing charges for DUR in the Denver metro area, Colorado’s front range or in our mountain communities, you can trust us to get you the best result possible. For more information on our background and our results give our office a call at 303-384-5280 or submit an online request for a consultation.