What is Driving Under Restraint (DUR)?
Colorado lawmakers have enacted stiff penalties for driving while your license is under restraint, whether you are a resident or non-resident of the state. The relevant statute is C.R.S. § 42-2-138.
To be convicted of DUR, the prosecution must prove that a person drove a motor vehicle upon any Colorado highway with the knowledge that his or her license to drive was under restraint at the time.
When is a License “Under Restraint”?
Restraint means any:
- Denial (as when a non-resident is denied a Colorado license)
- Revocation (such as for committing an alcohol-related offense)
- Suspension (such as for excessive points, driving without proof of insurance, or failure to appear in court, or
- failure to pay child support)
- Or any combination of denials, revocations, or suspensions. C.R.S. § 42-2-138(4)(b).
What if You Did Not Know Your License was Suspended?
Whether or not you “knew” your privilege to drive was under restraint must be examined on a case-by-case basis.
According to the law, “knowledge” means:
actual knowledge of any restraint from whatever source
knowledge of circumstances sufficient to cause a reasonable person to be aware that such person’s license or privilege to drive was under restraint.
Knowledge does not mean knowledge of a particular restraint or knowledge of the duration of restraint. C.R.S. § 42-2-138(4)(a) (emphasis added).
Penalties for DUR in Colorado
Non Alcohol-Related Restraint
- Possible sentence of up to 6 months imprisonment in county jail
- Possible fine of up to $500.
- Alternatives to incarceration, such as in-home detention, are possible but are in the discretion of the court.
- Not eligible for reinstatement of license for an additional 1 YEAR from the date you had been eligible to get license back
- Second or Subsequent Conviction Within 5 Years
Same penalties as above.
Not eligible for Colorado driver’s license for a period of 3 YEARS after the date of the second or subsequent conviction.
Alternatives to imprisonment, such as in-home detention, are possible.
- Mandatory jail sentence of 30 days to 1 year
- Fine of $500 to $1000
- The mandatory minimum jail sentence shall not apply if the defendant establishes that he or she drove because of an “emergency.”
- Probation and suspended sentences are not permitted, unless there was an emergency.
- Alternatives to imprisonment, such as in-home detention, are possible.
- Second or Subsequent Conviction
Mandatory jail sentence of 90 days to 2 years
Fine of $500 TO $3000
The mandatory minimum jail sentence shall not apply if the defendant establishes that he or she drove because of an “emergency.”
Not eligible for a driver’s license for a period of 4 YEARS after such conviction if the second or subsequent conviction occurred within 5 years of the first DUR conviction.
Alternatives to imprisonment, such as in-home detention and work release, are possible.
Probation and suspended sentences are not permitted by statute, unless there was an emergency.
Kurtz & Peckham, PC provides comprehensive representation to Colorado drivers. We have the expertise to represent motorists (and would-be motorists) in the municipal and county courts, at the Department of Motor Vehicles, (DMV) and in the appeals process.
Our attorneys will work to achieve your goals, whether you want to avoid or minimize possible incarceration, restore driving privileges, or challenge DMV actions.
If you have questions concerning a DUR, please feel free to call Kurtz & Peckham, PC at (303)893-3045 or email our office at for a complimentary one half hour initial consultation with an experienced attorney.