If you’ve been in trouble with the law, the last thing you want is more trouble. But if your Colorado driver’s license has been put under restraint and you get behind the wheel anyway, that’s exactly what you’re asking for.
What is a Driving Under Restraint Charge in Colorado?
Driving Under Restraint (DUR) is a criminal offense in Colorado that carries with it mandatory jail time as well as hefty fines upon conviction. Under Colorado Revised Statutes Section 42-2-138, you could be charged with DUR if you drive a motor vehicle or off-highway vehicle upon any highway of the state with knowledge that your license or privilege to drive, either as a resident or a non-resident, is under restraint.
“Under restraint” means any restriction that has been placed on your driving privileges and includes license suspensions and revocations. There is a number of reasons your license could be put under restraint, from DUIs and vehicular homicide convictions to excessive moving violations to failure to pay fines or child support. The consequences of a DUR conviction will be based in large part on the reason your license was placed under restraint in the first place.
If the restraint on your license was based on anything other than alcohol or a drug-related reason, a DUR conviction will result in a fine between $50 to $500 and/or imprisonment in the county jail from five days to six months. The minimum five-day jail sentence is mandatory and may not be suspended. Additionally, you’ll lose your driving privileges for an additional year. However, if this is your second or subsequent offense within five years of your first DUR, you will not be eligible for any driving privileges for three more years.
Driving Under Restraint after DUI
Given the seriousness with which Colorado law and Colorado prosecutors treat driving under the influence, it’s no surprise that the consequences of driving after your license has been suspended or revoked because of a DUI or other alcohol or drug-related offense are the most serious you can face.
The penalties imposed for DUR in Colorado are mandatory. If you are charged and convicted with DUR after a restraint has been placed on your license for an alcohol or drug-related offense, you will face:
A mandatory minimum of 30 days in the county jail with a potential sentence of up to one year and/or
A fine of between $500-$1,000
Loss of your driving privileges for an additional year
Second and subsequent offense:
A mandatory minimum of 90 days in the county jail with a potential sentence of up to two years and/or
A fine of between $500-$3,000
If convicted within 5 years after the first DUR conviction, loss of driving privileges for four years after this conviction.
Driving when the state of Colorado has taken away your driving privileges is no small matter. You will go to jail if you are convicted of DUR. You will be off the road for an even longer time if you are convicted of DUR. You will be making your life even more difficult than it is already when your license is under restraint.
If you’ve been charged with a Colorado Springs DUR, you should speak with an experienced criminal defense lawyer as soon as possible. Your freedom and your ability to get back behind the wheel hang in the balance.