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DUS Explained: Driving Under Suspension (2025 Guide)

In Colorado, a “DUS charge” typically refers to “Driving Under Suspension” or “Driving Under Suspended License.” It occurs when an individual operates a motor vehicle while their driver’s license has been suspended or revoked by the relevant licensing authority.
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Driving Under Suspension (DUS) is a serious offense that occurs when an individual operates a vehicle while their driver’s license is suspended or revoked.

The severity of the charge depends on the reason for the suspension, with DUI-related cases carrying significantly harsher penalties.

A basic DUS charge is classified as a Class A Traffic Infraction, typically resulting in fines between $15 and $100.

However, if the suspension is due to a DUI conviction, the charge escalates to a Class 2 Misdemeanor Traffic Offense, with fines ranging from $150 to $300, possible jail time, and an extended license suspension.

If you are facing a DUS charge, understanding the legal implications and your possible defenses is crucial.

Taking the right steps immediately—such as reviewing your suspension status, consulting an attorney, and preparing for court—can make a significant difference in the outcome of your case.

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.

How to Get Your License Back After a DUS Charge in Colorado?

If your driver’s license has been suspended due to a Driving Under Suspension (DUS) charge, reinstating it is crucial for regaining your legal driving privileges.

The process varies depending on the reason for your suspension, but following the right steps can help ensure a smooth reinstatement. Below is a structured guide to help you navigate the reinstatement process.

Step-by-Step Guide to License Reinstatement

Before you can legally drive again, you must fulfill all requirements set by the Colorado DMV and the court. Here’s how to do it:

1. Complete the Suspension Period

  • Your license will remain suspended for a specific period determined by the court or the Colorado DMV.
  • Driving before your suspension period ends can result in additional penalties and extended restrictions.

2. Pay Reinstatement Fees

  • A $95 reinstatement fee is required to reactivate your license.
  • Additional fines may apply if your suspension was linked to DUI-related offenses, unpaid fines, or multiple infractions.

3. Submit Required Documentation

  • Proof of insurance (SR-22) may be required for high-risk drivers.
  • Complete the DR 2870 Application for Reinstatement and submit it along with your payment to the DMV.

If applicable, provide proof of completing a court-ordered program, such as alcohol education for DUI-related suspensions.

4. Meet Additional Requirements

Depending on your case, you may need to:

  • Complete a defensive driving course
  • Install an ignition interlock device (IID) (mandatory for certain DUI-related offenses)
  • Satisfy outstanding court fees and fines

5. Apply for a New or Renewed License

  • Once you have completed all the steps, you can visit a Colorado DMV office to apply for a new or renewed driver’s license.
  • You may need to take a written or driving test if your suspension was long-term or related to certain violations.

Real-Life Scenarios: How Drivers Regained Their Licenses

If you are dealing with a DUS charge, it helps to see how others successfully navigated the process.

Scenario 1: First-Time Offender

John’s license was suspended after failing to pay a speeding ticket. Once he realized his mistake, he:

  • Paid all outstanding fines and the $95 reinstatement fee
  • Submitted the necessary paperwork, including proof of insurance
  • Received his reinstated license within three weeks

Scenario 2: Repeat Offender Facing Harsher Penalties

Sarah had multiple unpaid fines and missed court dates, resulting in repeated license suspensions. To reinstate her license, she:

  • Completed a court-ordered traffic school
  • Paid all overdue fines and reinstatement fees
  • Successfully reinstated her license after waiting out the suspension period

Scenario 3: DUI-Related Suspension with Ignition Interlock

Mike was charged with DUS after a DUI conviction. His reinstatement process required:

  • Installing an ignition interlock device (IID) in his car
  • Completing a mandatory alcohol education program
  • Maintaining the IID for the required period before applying for full reinstatement

These scenarios illustrate that while the process can be time-consuming and complex, following the correct steps leads to successful reinstatement.

Can You Get a Restricted License While Suspended?

If you need to drive for work, school, or medical reasons, you may be eligible for a restricted or provisional license. These licenses allow limited driving privileges during the suspension period.

To qualify, you must:

  • Submit an application for a restricted license through the DMV.
  • Provide proof of employment or school enrollment (if required).
  • Meet any additional conditions, such as installing an ignition interlock device if your suspension was DUI-related.

Applying for a restricted license can help maintain essential daily activities while ensuring compliance with Colorado’s driving laws.

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/

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