If your license is suspended or revoked, you could be charged with driving under restraint (DUR). Depending on the specific circumstances, driving under restraint may be a Class 2 misdemeanor criminal offense. Within this article, our Greeley traffic violation defense attorney provides a guide to driving under restraint charges in Colorado.
Driving Under Restraint (DUR): Know the Basics
Driving under restraint (DUR) is a Colorado state-specific legal term that is used to describe the offense of driving without a valid license—assuming that the person did previously have a valid license. It occurs when a person’s license has been revoked, suspended, denied, or restrained for any reason. The restriction on a license could be due to various reasons—from a DUI conviction to the accumulation of too many DMV points to failure to pay child support. Notably, the offense is a serious one in Colorado. Depending on the specific circumstances, it can lead to a fine, additional loss of driving privileges and even jail time.
Colorado Statute for Driving Under Restraint (DUR)
Colorado has a state driving under restraint (DUR) statute. Under CRS § 42-2-138, it is a violation to operate a vehicle with a license that has been revoked or suspended. The law outlines the ramifications for motorists convicted of a DUR. A key point to know is that the penalties for driving under restraint in Colorado vary based on why a person’s license was suspended/revoked. Drunk driving and drugged driving suspensions are considered to be more serious. As such, violations of that type of suspension/revocation are subject to more harsh penalties.
The Penalties for Driving Under Restraint in Colorado
If you are pulled over in Greeley, Fort Collins, or elsewhere in Northern Colorado and the officer determines that your driver’s license has been suspended or revoked, you will be subject to serious penalties. It is a DUR offense. The penalties for driving under restraint offense in Colorado are based, in part, on whether or not your license was suspended for drunk/drugged driving or for another reason. Here is an overview of the potential consequences:
- Drunk or Drugged Driving Suspension (Class 2 Misdemeanor): For motorists whose licenses have been suspended due to drunk driving or drugged driving, the offense is treated as a Class 2 misdemeanor. In other words, it is a criminal violation. The categorization reflects the serious nature of the violation and the state’s strong commitment to curbing impaired driving. A driving under restraint criminal violation carries severe consequences. You can face 30 days to one year in jail. You can also face a maximum $1,000 fine and an additional (longer) suspension/revocation of your Colorado driver’s license.
- Other Type of Suspension (Class A Traffic Infraction): On the other hand, if the suspension results from non-alcohol-related issues, such as unpaid fines, failure to appear in court, or too many DMV points, a driving under restraint violation is classified as a Class A traffic infraction. The classification generally results in milder penalties compared to alcohol-related suspensions. You will usually face a fine and an additional driver’s license suspension/revocation. However, you are likely to avoid any jail time.
Common Defenses for Driving Under Restraint in Colorado
Facing a DUR charge in Northern Colorado? You are presumed innocent until proven guilty. There are a number of potential defenses that could be raised in your case. Some of the most common defenses to a driving under restraint charge in Colorado include:
- Mistake (No Restraint): Mistaken suspensions/revocations are relatively uncommon, but they do sometimes happen in Colorado. One defense to a DUR charge is asserting that there was a mistake in the claim that the driver’s license was under restraint. It could occur due to administrative errors where the Department of Motor Vehicles (DMV) incorrectly records a license as suspended or revoked. You can argue that their license was valid at the time of the alleged offense, and therefore, they were not driving under restraint.
- No Knowledge of Suspension: Driving under restraint is only a violation in Colorado if a driver knew or should have known that their license was suspended or revoked. Colorado law generally presumes that drivers are aware of the status of their license if they have been properly notified. However, if a driver can demonstrate that they were not effectively notified about the license suspension—due to procedural errors or mail delivery issues, for example—they may argue that they were unaware of the restraint.
- Genuine Emergency: Finally, you may have a defense on the grounds of a genuine emergency. Colorado law allows for leniency if the defendant can convincingly demonstrate that they drove out of necessity—where failing to drive would have resulted in significant harm to themselves or others. As a simple example, a driver operating with a suspended license in a medical emergency may be able to avoid any liability.
Why Trust Our Colorado Driving Under Restraint Attorneys?
Driving under restraint is a serious allegation. It could lead to an extended suspension of your driver’s license. Further, if your initial suspension/revocation was for a DUI, a driving under restraint charge is a Class 2 misdemeanor that carries jail time. Our founding attorney Havilah Louise Bruno Lilly and our partner Andrew LeClere have the professional experience that defendants can trust. When you contact us, you will consult with a Colorado attorney who can:
- Listen to your story and answer questions about the next steps;
- Investigate the driving under restraint charges, gathering all relevant evidence; and
- Craft a comprehensive, personalized strategy to protect your right to drive.
Get With a Driving Under Restraint Charge in Colorado
At Bruno Lilly LeClere, PLLC, our Colorado traffic violation lawyers have the skills and experience to handle driving under restraint cases. If you were arrested and charged with a Class 2 misdemeanor for a DUR, we are here as a legal resource. Give us a phone call now or contact us online to set up your confidential initial consultation. With offices in Fort Collins, Greeley, and Mead, we defend driving under restraint charges throughout Northern Colorado.