Habitual Traffic Offender (DARP)

Habitual Traffic Offenders in Colorado are defined in Title 42 of the Colorado Revised Statutes. You will be labeled a habitual traffic offender if you are convicted of three major traffic offenses within a seven year period.  A habitual offender revocation is for five years.

Major traffic offenses in Colorado that lead to habitual offender status are:

  • DUI
  • DWAI
  • DUI – Drugs
  • Reckless Driving
  • Driving Under Suspension
  • Driving Under Revocation
  • Vehicular Assault
  • Vehicular Homicide
  • Vehicular Manslaughter
  • Criminally Negligent Homicide
  • Hit and Run Involving death or injury
  • Providing False Information to DMV

There are serious penalties in Colorado for driving as a habitual offender. The sentence for a conviction includes mandatory jail time, steep fines, and the automatic year extension of your driver’s license revocation.

In Colorado, a conviction for driving as a habitual traffic offender leads to a mandatory jail sentence between 30 days and 18 months, and up to a $5,000 fine. A judge can suspend this mandatory jail sentence. If there is another major traffic offense charged from the same incident, such as DUI or reckless driving, the prosecution will charge you with aggravated driving as a habitual offender, which is a class six felony punishable by up to two years in prison or up to four years in prison with exceptional circumstances and a $100,000 fine.

On January 1, 2005, the Denver City Council revised the Denver Municipal Code to allow the filing of civil cases to impound and seize vehicles involved in habitual offenses. Vehicles driven by a habitual traffic offender are now declared a public nuisance under section 37-50(18) of the Denver Revised Municipal Code, and an action will be taken by the Denver City Attorney’s Office to forfeit your vehicle if you are charged with driving as a habitual offender.

If you are charged with driving as a habitual offender in Colorado, the services of an experienced Denver traffic attorney can be invaluable. Not only can an experienced criminal defense attorney explore defenses to your case, such as the actual notice requirements or whether the traffic stop was legal, a skilled defense lawyer can negotiate with the prosecutor in an effort to save your driving privileges and keep you out of jail.

Denver criminal defense attorney Jay Tiftickjian has handled approximately a hundred habitual offender driving offenses in Colorado as a criminal attorney and former state prosecutor. If you have been charged with driving as a habitual offender in Colorado, contact The Tiftickjian Law Firm, P.C. for experienced representation.