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720-445-9887Driving under restraint (DUR) is a common traffic crime in Colorado. Statutes make it clear that Colorado takes this crime seriously. If charged, you need an effective defense from an experienced driving under restraint (DUR) defense lawyer to avoid the many associated penalties and collateral consequences.
Driving under restraint (DUR) in Colorado refers to operating a motor vehicle while your driver’s license or driving privilege is suspended, revoked, or otherwise restricted. Under C.R.S. 42-2-138, it is illegal to drive if you know—or reasonably should know—that your driving privileges are under restraint.
Although DUR is often charged as a misdemeanor traffic offense, it can carry mandatory jail time, increased penalties depending on the reason for the restraint, and lasting consequences for your record and driving privileges.
A Denver driving under restraint defense attorney can help you understand the specific type of DUR charge you are facing and what options may be available in your case.
In Colorado, a license can be “under restraint” for many different reasons. This includes:
Common reasons for a restraint include:
The reason behind the restraint is critical because it directly affects how a DUR charge is classified and penalized.
Not all DUR charges are treated the same under Colorado law. The penalties and seriousness depend on why your license was restrained.
If your license was restrained for a non-alcohol-related reason you may face:
Colorado law requires a mandatory minimum jail sentence of 5 days upon conviction. However, the court may allow this time to be served non-consecutively within a set period. Sometimes courts will structure resolutions, where appropriate, to avoid triggering the mandatory minimum. Examples of this include amended charges or deferred judgements, where appropriate.
If your license was suspended or revoked due to an alcohol-related offense the penalties increase significantly. Examples of this can include:
An alcohol-related DUR conviction may result in:
These cases are treated more seriously because they involve prior impaired driving concerns.
If you have been designated a habitual traffic offender, driving under restraint becomes a felony offense under Colorado law. Examples of qualifying offenses:
A conviction may carry:
HTO-related DUR cases are substantially more complex and carry long-term consequences that extend beyond standard misdemeanor traffic charges.
A DUR conviction can affect more than just fines or jail time. Many individuals experience ongoing consequences that impact daily life.
These may include:
Even a short jail sentence or extended loss of driving privileges can disrupt work, family responsibilities, and financial stability.
Driving under restraint cases generally follow the standard Colorado criminal process, though they often move quickly.
Typical steps include:
In some cases, DUR charges arise alongside other offenses, such as driving without insurance or DUI-related charges.
Because of the mandatory minimum penalties, early case evaluation can be especially important.
To obtain a conviction for driving under restraint, the prosecution must prove:
The knowledge element is often a key issue in these cases. For example, disputes may arise over whether proper notice of the suspension or revocation was given.
Defense strategies depend on the specific facts of each case. However, in general, potential approaches may include:
These examples are for general educational purposes only. The appropriate defense strategy depends entirely on the details of your situation and should be evaluated by an attorney.
In many cases, yes. Colorado law imposes a mandatory minimum jail sentence, even for first-time non-alcohol-related DUR convictions.
In most situations, no. However, some individuals may qualify for restricted licenses (such as ignition interlock licenses). Driving outside those restrictions can lead to additional charges.
Driving under restraint becomes a felony if you are classified as a habitual traffic offender (HTO) at the time of the offense.
Dismissal is possible in some cases, particularly where there are issues with proof, notice, or procedure. Outcomes depend on the facts, evidence, and legal arguments involved.
In most cases, DUR convictions are not eligible for record sealing in Colorado, particularly for higher-level traffic offenses. This makes it especially important to understand your options before resolving a case.
If you have had your drivers license suspended and qualify for reinstatement, visit the Colorado Department of Revenue website for reinstatements. Here are some additional resources:
Need a safe, sober ride? Here are some Colorado options for you:
Driving under restraint charges in Colorado carry mandatory penalties and can escalate quickly depending on your driving history and the reason for the restraint. Understanding how the law applies to your situation is an important first step.
Cahill Criminal Defense represents individuals facing DUR and other traffic-related criminal charges in Denver and throughout Colorado. A defense attorney can review your case, explain the potential consequences, and help you evaluate your options moving forward.
Contact us to schedule a confidential consultation.