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What Can Happen If I’m Caught Driving Under License Suspension?

By Timothy Bussey on December 26, 2018

The penalties for driving with a suspended license in Colorado can be quite severe, including fines, jail time, and further suspension of your license.

These depend on the reason your license was suspended in the first place, as well as how many times you have committed this offense. In any DUR situation, an experienced criminal defense attorney can help minimize your punishment. For specifics to your own situation, please call The Bussey Law Firm, P.C., for a free consultation.

What Is Driving Under Restraint?

Driving when your license has been suspended, revoked, or denied is referred to as Driving under Restraint, or DUR in Colorado’s Revised Statutes § 42-2-138. This is typically a misdemeanor charge. If your license was taken away because of an offense related to drugs or alcohol, then the punishment is more severe. Repeated offenses of DUR can also result in harsher penalties and loss of your license for years.

Restraint Due to Reasons Other than Drugs or Alcohol

As long as your license was taken away for reasons other than drugs or alcohol, the penalties are harsh but not excessive. For a first offense, you can face up to six months in jail and/or a fine of up to $500. If you are convicted of a second or more DUR offenses within five years, you not only face fines and possible jail time, but you may be ineligible to regain your Colorado driver’s license for three years.

Restraint Due to Drugs or Alcohol

If your license was taken away due to a DUI or similar offense, then the penalties are much more serious. For a first DUR offense you face a minimum of 30 days in jail, though that can be increased to up to one year, and a fine between $500 and $1,000. For second or additional offenses you can face up to two years in jail (60 days being mandatory) and a fine between $500 and $3,000. Also, for a second or subsequent conviction within a five-year period, you may be ineligible for a license for four years.

Arrested for DUR?

Defending against this charge is very difficult, but there are some options. For example, if you can demonstrate that you only drove due to a serious emergency, then the court might not impose mandatory jail time, though you may still have to pay a fine. You might also be able to demonstrate that you did not receive proper notice that your license was revoked or suspended, or that the restraint was due to some kind of clerical or filing error.

Driving with a suspended license is a serious offense that can have long-term consequences. If you or someone you know has been arrested for DUR, then call The Bussey Law Firm, P.C., today at (719) 475-2555. Our skilled attorneys know how to handle these cases.

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