Misdemeanor Offense To Drive Under Restraint

If you’ve been pulled over while driving with a revoked license, which is known as driving under restraint (DUR) as well as driving after revocation prohibited (DARP), you may be facing a number of penalties which includes and can lead up to being incarcerated.

Colorado law, according to the Colorado Revised Codes section 42-2-138(1)(a), considers it a misdemeanor offense to drive under restraint. In fact, anyone even operating a motor vehicle (car, truck, motorcycle, van or SUV) or off-highway means of transportation on the roads of Colorado while knowing that they do not have the legal ability to do so because of a revoked license is guilty of a misdemeanor.

If convicted of driving under restraint, the sentence could include an automatic extension of the revocation of the driver’s license, as well as hefty fines and mandatory jail time.

Habitual Offender Penalties

Under Colorado law, being convicted of DUR more than once could lead to a status of habitual traffic offender on your driving record. Gaining three of these within a specific amount of time could lead to a designation of habitual traffic offender, which under certain circumstances results in a felony charge.

Colorado no longer automatically gives out mandatory jail time for first-time DUR offenders, but judges still rule in favor of jail for those who are caught operating a vehicle without a license, which is especially true regarding repeat offenders.

Driving Under Restraint While Alcohol-Influenced

Penalties of DUR – First Offense While Alcohol-Related

When alcohol is added to the equation the penalties become much more severe for a first-time offense of DUR that involves the use of alcohol, especially when the license was revoked due to a charge of DUI, DWAI, or UDD. These include:

  • A minimum of 30 days in jail
  • A maximum sentence of 1 year in jail
  • Between $500 and $1,000 in fines
  • A minimum of a 1-year extension of the revocation of your driver’s license

It is important to note that the minimum jail time is unavoidable for a violation of alcohol-related restraints. While alternative sentencing, such as in-home detention, being a weekender, being part of a worker’s crew, or obtaining a work release is possible, the judge hearing your case is not permitted to substitute a suspended license or probation for this mandatory jail sentence. This is according to the C.R.S. Section 42-2-138(D)(I).

You Need A Criminal Defense Attorney

Losing your right to drive for any reason can severely impact your life.

No longer would you be able to drive to the grocery store or a restaurant, you would not be able to drive to work, crippling your ability to earn a living. This scenario would come true if you are labeled a habitual offender due to multiple instances of breaking the law.

If this happens, you need help.

If you’re looking at Driving Under Restraint (DUR) charges in Colorado Springs, the Law Office of Jeremy Loew will work aggressively and tirelessly not only for your freedom but also your right to drive. No attorney can guarantee the outcome of your case, but Jeremy Loew vows to work for the best outcome possible.

Call for a free consultation today.

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