Knowing what is driving under restraint: this refers to operating a vehicle when your license is, by law, under suspension, revocation, or restraint. Driving under restraint is a serious traffic offense in Colorado that can carry fines, increased insurance rates, and even jail time. At McAdams Law Office helps our clients in Greeley, Colorado, work through DUR charges for the best possible outcome.
Driving under restraint means operating a motor vehicle when a person’s privilege to drive has been suspended or revoked. In Colorado, the term “under restraint” includes any action by the Department of Motor Vehicles (DMV) that limits your driving privileges, whether the suspension is due to unpaid tickets, failure to provide proof of insurance or a DUI conviction.
If you get caught driving with a suspended or revoked license, you could face fines, points on your driving record, and even jail time. Colorado law aims to deter individuals from driving under restraint by imposing significant penalties. The type of penalty depends on whether your suspension was related to alcohol offenses or other traffic violations.
Many people get caught driving under restraint because they are unaware their license is still suspended. The DMV can issue a suspension for various reasons, including unpaid traffic tickets or failure to provide insurance proof. If you’re pulled over and your license is flagged as suspended, you could face DUR charges.
Yes, you can be sent to jail for driving under restraint in Colorado. The severity of the sentence depends on your driving history and the reason for the suspension. Generally speaking, there is potential jail for a second or subsequent offender or if the DUR charge has some connection to an alcohol offense.
Less serious for the first-time offenders, even a slight DUR offense may lead to lifelong repercussions.
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The penalties for driving under restraint vary depending on whether the offense is alcohol-related and whether it is a first or subsequent offense.
Under Colorado law, driving under restraint (DUR) penalties for a first offense not related to alcohol include a possible jail sentence or fines, as well as additional restrictions on driving privileges. However, recent legislative changes have removed the additional penalties that extended the period of license suspension when the initial restraint was for reasons other than alcohol-related offenses. This means that drivers will no longer face extended suspensions solely for non-alcohol-related DUR offenses.
Furthermore, habitual offenders whose status is based solely on convictions for non-alcohol-related DUR offenses will no longer face automatic license revocation by the Department of Revenue, removing a significant barrier to reinstating driving privileges.
A second or subsequent offense not related to alcohol carries harsher penalties. You could face a fine between $50 and $500, and jail time may increase to a mandatory sentence.
Not alcohol-related and a second or subsequent offense has much stiffer penalties. You can be fined from $50 to $500, and your jail time can increase to a mandatory sentence.
For second and subsequent alcohol-related offenses, the minimum mandatory jail is 90 days, and the fine ranges from $1,000 to $3,000. The court will likely impose more stringent measures to discourage repeated violations.
In some cases, you may be able to argue that you drove under restraint due to an emergency. Colorado law recognizes emergencies, such as needing to transport someone to the hospital. The court may consider these situations valid, but not all emergencies qualify.
It’s important to have an experienced attorney explain your circumstances to the judge to present your case effectively.
The defenses available for DUR charges depend on the specifics of your case.
The most common include:
Administrative errors by the DMV can also result in improper charges. A related defense would be where you can prove you had reinstated your license, but the DMV hadn’t processed it.
It takes an aggressive legal approach to fight a DUR charge. At McAdams Law Office, we assist clients in Greeley with case specifics to identify the strongest defense and guide their options through the legal process to achieve favorable results. Contact us at (970) 353-0000 or visit us 822 7th Street Suite 530 Greeley, CO 80631
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.