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Published by Driving under restraint (DUR) is a serious offense that occurs when an individual operates a vehicle while their license is suspended, revoked, or denied.
Whether the restriction stems from DUI charges, unpaid fines, or habitual traffic violations, getting caught driving under these conditions can lead to severe penalties, including fines, extended suspensions, and even jail time.
Laws regarding DUR vary by state, with some imposing harsher penalties for repeat offenders or cases involving DUI-related suspensions.
If you have been charged with driving under restraint, understanding your legal options is crucial. In this article, we break down the laws, penalties, and possible defenses to help you navigate this serious legal matter.
Table Of Contents
- Quick Summary:
- Driving Under Restraint Definition
- The Connection Between DUI and DUR: Legal and Safety Implications
- License Suspension and DUR Penalties
- The Impact of DUI and DUR on Public Safety
- What Happens if I Get Caught Driving on a Suspended License in Colorado?
- How Can I Fight Driving Under Restraint Charges?
- Preventing DUI and DUR Offenses
- FAQs
- Get a Free Lawsuit Evaluation With Our Lawyers
Quick Summary:
- Driving under restraint (DUR) refers to operating a vehicle while your driver’s license is suspended, revoked, or denied.
- Consequences vary by state but may include fines, jail time, extended license suspension, or vehicle impoundment.
- If the suspension is due to DUI/DWI, habitual offenses, or reckless driving, penalties are typically more severe.
- If charged with DUR, consult a traffic attorney immediately to explore possible defenses, hardship license options, or case dismissal.
Driving Under Restraint Definition
When stopped by law enforcement for driving with a suspended or revoked license, commonly known as Driving Under Restraint (DUR) or Driving After Revocation Prohibited (DARP), you risk severe consequences, including potential imprisonment.
Although Colorado has eliminated mandatory jail sentences for certain first-time DUR offenders, judges often opt for incarceration, particularly for repeat offenders caught driving without a valid license.
It’s crucial to understand the gravity of these charges and seek appropriate legal counsel to mitigate the potential penalties.
The legal interpretation of “driving under restraint”, or simply “DUR,” by lawyers entails the following:
(1) (a) Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident of Colorado, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a misdemeanor.
Upon conviction of this misdemeanor, the court holds the authority to sentence the individual to a maximum imprisonment period of six months in the county jail and levy a fine not exceeding five hundred dollars.
(b) In case of a second or subsequent conviction under paragraph (a) within five years of the initial conviction, the defendant becomes ineligible for the issuance of a driver’s or minor driver’s license, or extension of any driving privilege for a duration of three years following such subsequent conviction.
The Connection Between DUI and DUR: Legal and Safety Implications
Driving Under the Influence (DUI) and Driving Under Restraint (DUR) are closely related offenses, often compounding each other’s legal and financial consequences.
A DUI conviction frequently results in a suspended or revoked license, and individuals who continue to drive despite this restriction face DUR charges.
These violations carry significant penalties, including jail time, increased fines, and prolonged license suspensions.
Understanding how DUI leads to DUR and the broader impact of these offenses on public safety is essential for anyone facing these charges.
How DUI Leads to DUR Charges
A DUI conviction does not just end with fines and potential jail time—it often leads to a license suspension or revocation, which creates further legal risks for those who continue to drive despite the restriction.
This is where Driving Under Restraint (DUR) comes into play, compounding the penalties and making it harder for offenders to regain their driving privileges.
License Suspension and DUR Penalties
One of the most immediate consequences of a DUI conviction is the loss of driving privileges, either through suspension or revocation.
However, many drivers fail to comply with these restrictions, leading to additional legal trouble when caught driving under restraint.
In Colorado, DUR-ALC (Driving Under Restraint due to Alcohol) is classified as a Class 2 Misdemeanor Traffic Offense, resulting in:
- Mandatory jail time of 30 days to 1 year
- Fines up to $1,000
- Extended license revocation periods
In contrast, DUR charges for non-DUI-related reasons, such as unpaid fines, may result in less severe penalties.
Ignoring a license suspension and continuing to drive not only increases the legal consequences but also raises public safety concerns, as repeat offenders pose a greater risk on the road.
Habitual Traffic Offender Classification
Repeated DUI and DUR violations can lead to an even more serious legal status: Habitual Traffic Offender (HTO) classification.
Drivers who commit multiple DUI or DUR offenses within a set timeframe risk being permanently labeled as habitual offenders.
This classification results in:
- Longer license suspensions
- Higher fines
- Harsher penalties, including potential felony charges
A driver with this designation will face significant challenges in restoring driving privileges and may have to apply for restricted licenses or alternative transportation solutions.
The Impact of DUI and DUR on Public Safety
DUI and DUR offenses do not just impact the individual driver—they also pose serious risks to public safety.
The following statistics show just how devastating impaired driving can be, reinforcing the importance of strict penalties for offenders:
- In 2022, alcohol-impaired driving accounted for 32% of all traffic fatalities in the U.S., with 13,524 deaths.
- This means that one alcohol-related fatality occurred every 39 minutes.
- The economic burden of alcohol-impaired driving reached $123.3 billion in 2020, covering:
- Medical expenses
- Legal costs
- The estimated value of lives lost
These staggering statistics emphasize the need for strict DUI laws, license suspensions, and harsher DUR penalties for repeat offenders.
Source: U.S. Centers for Disease Control and Prevention (CDC) [2].
Also Read: “DUS Charge” Explained
What Happens if I Get Caught Driving on a Suspended License in Colorado?
According to SCLG, in Colorado, driving with a suspended license typically constitutes a class A traffic infraction, resulting in fines ranging from $15 to $100, without the threat of incarceration [1].
However, if your license suspension stems from a DUI, the offense escalates to a class 2 misdemeanor traffic violation, carrying potential jail time of 10 to 90 days and fines ranging from $150 to $300.
Individuals stopped for driving on a suspended license in Colorado receive a citation, irrespective of their adherence to traffic rules or safety precautions.
Note that people can still get charged with violating CRS § 42-2-138 whether they drive with a suspended Colorado driver’s license or a suspended license from another state. The Colorado Department of Revenue’s Division of Motor Vehicles (DMV) acknowledges license suspensions, revocations, and cancellations for non-residents – SCLG
Legally, driving with a suspended license falls under the terms “driving under suspension (DUS)” or “driving under restraint (DUR).” Understanding these legal nuances is crucial to navigating the legal consequences effectively.
How Can I Fight Driving Under Restraint Charges?
Defending against a Driving Under Restraint (DUR) charge requires a solid legal strategy. In some cases, the charges can be dismissed if it can be proven that the driver was unaware of the license restraint or that the DMV made an error. Below are three common defenses that have successfully been used in DUR cases.
1. Lack of Notification from the DMV
One of the strongest defenses is proving that the Colorado Department of Revenue (DMV) failed to formally notify you about the suspension or revocation of your license.
Government agencies occasionally fail to send out proper suspension notices due to administrative errors or mailing issues.
If the DMV did not notify you as required, the prosecution may not be able to prove that you were aware of the restraint. Without official notification, you cannot be held criminally liable for driving under restraint.
2. Lack of Knowledge About the License Restraint
Even if the DMV claims to have sent out a notification, a strong defense may be available if you can prove that you never received it.
Postal errors, incorrect address records, or other delivery issues can prevent drivers from receiving these critical notices.
The law requires that drivers have “actual knowledge” of their license restraint for a DUR conviction to stand. If you had no reasonable way of knowing that your license was suspended, the charges may not hold up in court.
3. DMV Clerical Errors or System Glitches
Errors in government databases sometimes result in wrongful license suspensions. Mistakes made by DMV employees or system glitches can lead to unjustified restraints being placed on a driver’s record.
If your license was incorrectly marked as suspended when it should have been valid, you can challenge the DUR charge.
Demonstrating that the DMV made an error may result in an immediate dismissal, as there was no legal justification for the revocation.
If you have been charged with Driving Under Restraint (DUR), these defenses could help you avoid severe penalties.
A legal expert can assist in gathering evidence, such as DMV records and mailing confirmations, to support your case and potentially have the charges dismissed.
Preventing DUI and DUR Offenses
Efforts to reduce DUI and DUR violations focus on education, enforcement, and stronger penalties.
- Public awareness campaigns help drivers understand the legal and financial consequences of DUI and DUR.
- Stronger enforcement measures and license monitoring discourage individuals from driving under restraint.
- Harsher penalties for DUR offenses linked to DUI convictions act as a deterrent against repeat violations.
These strategies reinforce that compliance with DUI-related license suspensions is essential to prevent accidents and fatalities.
Seeking legal counsel after a DUI or DUR charge can help individuals navigate the legal system and explore options for minimizing penalties.
Related Article: Aiding and Abetting a DUI
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FAQs
1. Can a Driving Under Restraint Charge Affect Your Insurance Rates?
Yes, driving under a restraint charge can significantly increase your insurance rates, as it is considered a serious traffic offense, indicating high risk to insurers.
2. What Should I Do if I’m Charged With Driving Under Restraint?
If charged with driving under restraint, consult an attorney immediately to explore possible defenses, avoid harsher penalties, and understand the legal implications of the charge.
3. How Long Does a Driving Under Restraint Conviction Stay on Your Record?
A driving under restraint conviction typically stays on your driving record for up to seven years, potentially affecting your insurance rates and driving privileges during that time.
Get a Free Lawsuit Evaluation With Our Lawyers
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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.shouselaw.com/co/defense/laws/driving-on-a-suspended-license/
2. https://www.cdc.gov/transportationsafety/impaired_driving/impaired-drv_factsheet.html