Driving While Suspended

Driving Under Restraint, 42-2-138: if you drive without a suspended driver's license in Colorado you can face the charge of driving under restraint. For a non-alcohol revocation this is usually handled as a fine though jail could be involved. For those revoked due a violation of Express Consent through DMV (either a refusal or having over an .08 BAC), a conviction for DUI or other similar offense the penalty for "DUR-Alc" could be a mandatory minimum 30 days in jail. It is therefore important to know the status of your driver's license. You can check the status of your Colorado Driver's License at https://mydmv.colorado.gov/_/#2

  • Can you avoid the mandatory jail for DUR-Alc? - it is possible under certain circumstances to negotiate a plea agreement to a lesser charge or another form of DUR that allows a Defendant to avoid jail. However, much depends on the driver's record and details of the individual case.
  • What if I was never notified that my license was suspended? - it is up to the prosecutor to prove you had legal notice of your revocation. This may be an element that can be disputed in negotiations with the prosecutor or even at trial.

Driving After Revocation Prohibited, 42-2-206: is charged when someone designated as a habitual traffic offender is is caught driving on a revoked license. There is a possible mandatory minimum term of 30 days in jail and/or a $3000 fine. The jail can sometimes be avoided by the performance of Useful Public (Community) Service.