Table Of Contents
- Quick Summary:
- “DUS Charge” Explained
- Reasons for a Driver’s License Suspension in Colorado
- Penalties for Driving on a Suspended License in Colorado
- Financial Considerations: Paying Fines & Payment Plans
- Employment Impacts: Do You Need to Inform Your Employer?
- How to Get Your License Back After a DUS Charge in Colorado?
- Can You Get a Restricted License While Suspended?
- FAQs
- Get a Free Lawsuit Evaluation With Our Lawyers
Quick Summary:
- Non-DUI-related DUS carries fines between $15 and $100, while DUI-related DUS results in fines ranging from $150 to $300.
- A non-DUI-related DUS is a Class A Traffic Infraction, whereas a DUI-related DUS is a Class 2 Misdemeanor Traffic Offense with harsher penalties.
- Immediate legal action is crucial – If charged, consult an attorney to understand your rights and explore possible defenses.
- Review your suspension details, gather necessary documents, and plan your defense to improve your case outcome.
“DUS Charge” Explained
There are specific circumstances under Colorado law that result in license suspension:
- Driving under the influence of alcohol, drugs, or with an illegal blood alcohol content.
- Accumulating more than the maximum allowable DMV points from various traffic offenses.
- Having an outstanding judgment against the driver, such as for failure to pay child support, which may not be related to traffic violations.
According to SCLG, Colorado motorists face a DUS charge (CRS 42-2-138) for driving with a suspended license. DUS is short for driving under suspension. (Another term for DUS is DUR, short for driving under restraint.) DUS is a crime whether the defendant’s suspended license is from Colorado or another state [1].
DUS in Colorado: How Common Are These Charges?
DUS offenses are more frequent than many drivers realize, often stemming from DUI convictions, unpaid fines, or administrative errors.
Here are some key statistics on DUS charges in Colorado:
- Approximately 35% of all traffic violations involve some form of license suspension.
- Many drivers successfully reinstate their licenses after completing the required steps, while repeat offenders often face additional penalties.
- DUI-related DUS charges result in harsher penalties, including longer suspensions and mandatory jail time.
Understanding these statistics underscores the importance of following reinstatement procedures carefully to avoid prolonged penalties or further legal trouble.
Also Read: Is DUI Considered a Traffic Violation or a Crime?
What’s the Difference Between a DUI and a DUS?
DUI, or Driving Under the Influence, refers to the act of operating a motor vehicle while compromised by intoxicating substances and/or with a BAC above the legal limit, whereas DUS/DUR stands for Driving Under Suspension or Driving Under Revocation. You can be arrested if you drive without a valid license in Colorado.
Reasons for a Driver’s License Suspension in Colorado
According to DriveSafely, losing your driver’s license can occur due to various reasons [2].
Driving without insurance is illegal, and will definitely get your license suspended it is taken very seriously, and is seen as a major indicator that you are unfit to continue driving. Over the long run, fine-related issues, such as failing to pay a traffic ticket or child support, will result in the same predicament – DriveSafely
Accumulating too many points on your driving record is a common cause of license suspension, primarily because many people overlook keeping track of their points and are unaware of the point values assigned to each infraction.
Also Read: DMV Suspension vs. Court Suspension
Penalties for Driving on a Suspended License in Colorado
When stopped for driving with a suspended license in Colorado, individuals receive a citation regardless of their compliance with traffic rules.
It’s essential to note that violations of CRS § 42-2-138 can apply irrespective of whether the suspended license is from Colorado or another state.
The Colorado DMV, officially known as the Department of Revenue’s Division of Motor Vehicles, acknowledges:
- License suspensions,
- Revocations, and
- Cancellations of non-residents.
Legally, driving with a suspended license falls under the terms “driving under suspension (DUS)” or “driving under restraint (DUR).”
What Happens If You Hold a Commercial Driver’s License (CDL)?
If you hold a Commercial Driver’s License (CDL), a DUS charge can have severe career consequences.
CDL Disqualification & Suspension
- A DUS conviction can lead to temporary or permanent CDL disqualification, depending on the offense.
- CDL holders are subject to stricter regulations than regular drivers, meaning penalties are often harsher.
Harsher Penalties for Commercial Drivers
- Longer suspension periods compared to standard licenses.
- Higher fines and mandatory jail time in some cases.
- Potential job loss, as many commercial employers require a clean driving record.
A DUS charge can severely impact your ability to work as a commercial driver, making it essential to seek legal assistance to explore your defense options.
Financial Considerations: Paying Fines & Payment Plans
A DUS conviction often comes with financial penalties, which can be challenging to pay all at once. Fortunately, Colorado courts offer options for payment plans to help individuals manage their fines.
How to Set Up a Payment Plan
- During your court appearance, you can request a payment plan if you cannot afford to pay the fine in full.
- If you did not request a plan in court, you can still contact the court clerk to arrange one.
Monthly Installments & Fees
- The court may allow you to pay in monthly installments until the total balance is cleared.
- Typically, there are no extra fees to set up a payment plan, but interest may apply to unpaid balances over time.
Having a payment plan can help ease financial strain while ensuring that you remain compliant with court orders.
Employment Impacts: Do You Need to Inform Your Employer?
For many individuals, a DUS charge raises concerns about employment, especially if their job requires driving.
Are You Legally Required to Inform Your Employer?
- Colorado does not have a law that requires individuals to disclose a DUS charge to their employer.
- However, if your job involves driving, such as working in delivery services or transportation, your employer may have internal policies requiring disclosure.
What If You Fail to Inform Your Employer?
- Some employers conduct regular background checks, including checks on driving records.
- If your job requires a valid license and your employer discovers a DUS charge, you may risk suspension or termination.
If your job depends on your ability to drive, discussing potential options with your employer—such as using a restricted or provisional license—may help you maintain your employment while resolving your legal situation.
FAQs
How can a lawyer help with a DUS charge?
A lawyer can review your case, advise on legal rights, represent you in court, negotiate to reduce penalties, and help navigate the reinstatement process.
What impact does a DUS conviction have on my driving record?
A DUS conviction can add points to your driving record, extend suspension periods, increase insurance premiums, and have long-term implications for your driving privileges.
What should I do to avoid driving under suspension in the future?
To avoid driving under suspension, stay informed about your license status, address violations promptly, maintain insurance coverage, comply with court orders, and seek legal advice if needed.
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References:
1. https://www.shouselaw.com/co/blog/dui/what-is-a-dus-charge/
2. https://www.idrivesafely.com/dmv/colorado/drivers-license/suspended-license/