Driving Under Restraint In Colorado Springs
DRIVING 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. NEED LEGAL HELP? Us for a Free Consultation Now!Email: [email protected]
In simplest terms, driving under restraint means driving on public roads after being denied the right to drive. It doesn’t refer to someone who simply has no license, or whose license is expired, but rather to someone who has been specifically denied the right to drive.
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What does driving under restraint mean? In Colorado, driving under restraint (CRS ) is the crime of operating a motor vehicle with a license that has been revoked or suspended. Motorists may be convicted of driving under restraint (DUR) in Colorado whether or not their license is from Colorado or another state.
Driving under restraint in Colorado
They are so common because there are so many ways to lose your license in Colorado. Alcohol Related Revocations Alcohol-related revocations can occur in two main ways. The first is from an administrative per se hearing at the DMV. The officer will also take your license and notify you that you have 7 days to request an administrative hearing through the DMV. This notice will come by mail to your address on file with the Department of Revenue.
You will be required to keep the interlock on your car for between 8 months and 2 years depending on your BAC. It will also re-revoke your license for a longer period of time. The second way to get a DUR-alc suspension in Colorado is by pleading guilty to a drunk driving offense in court. If you plead to a DUI it will result in a direct revocation of your license.
If you are convicted of 2 alcohol-related offenses within 5 years also called 2DD you will be revoked as well. A first time DUI conviction requires 8 months of interlock after a 30 day no driving period. The 2DD and 3DD revocations require 2 years of interlock. The Alcohol-related suspensions in Colorado are very complex and can have serious consequences like mandatory jail time, high fines, and additional suspensions on your license.
Point suspensions The Department of Motor vehicles may suspend your license for a maximum of one year if you accumulate too many points in a period of time. Points in Colorado result from traffic infractions of traffic misdemeanors. Some common offenses are speeding MPH over the speed limit: 4 points, Careless Driving: 4 points, Reckless Driving: 8 points, Leaving the scene of an accident: 12 points.
How many points will suspend a Colorado Driver? Underage drivers have less points to work with. If you hit the required number of points you will receive a suspension, but the length of the suspension can vary at the discretion of the DMV hearing officer. This depends on aggravating and mitigating factors in your case. Can I get a Red license? The red license is given at the discretion of the hearing officer at a point suspension hearing. It will have specific allowances for limited driving purposes.
Even if you are a Colorado resident and never had a license from that State, another State can put a hold on your license. The Court can also notify the DMV of an overdue outstanding judgment-such as unpaid fines, court costs or restitution. These both fall under OJW holds. No Insurance The Colorado Department of motor vehicles may also suspend your license if you are found to carry insurance on your car. This typically happens on a police stop when the officer asks to see your license, registration and proof of insurance.
If you are found to not have any of the three items, you can expect to be ticketed it. Failure to provide proof of insurance has a Statutory basis for license suspension. If you are found guilty of no proof of insurance, the DMV may require you to provide proof of a complying insurance policy before they will allow you to reinstate your license. How do I reinstate my license in Colorado? You need to actively fulfill the State requirements and reinstate your driving privileges.
You can reinstate by mail, online or in-person. Can I get a blue license? In short, a DUI revocation does not allow for a red license. Red licenses, or PDLs, are only available for suspensions, not revocations. For DUIs or alcohol—related cases, if you wish to do early reinstatement of your license, you must install an interlock device in your vehicle s.
In some alcohol cases, an interlock device is required whether you are doing early reinstatement or not. This blue stripe indicates to a police officer who pulls you over that you must be in an interlock equipped vehicle to lawfully drive. If you are stopped while operating a non-interlock equipped vehicle during this required period the police officer will take your license and return it to the DMV. You will also face additional criminal charges for driving a non-interlock equipped vehicle.
Yes, there is a knowledge requirement in the Driving under restraint statute on Colorado. The alcohol-related provision of the statute also requires knowledge of the revocation. Revocation and Suspension cases in Colorado are complex. Driving under restraint or suspension in Colorado can present many challenges to a person in dealing with criminal charges and the reinstatement of their license. It should not be taken as legal advice for your situation.
Only an experienced Colorado attorney can explain your specific situation and how to handle your case. At the McDowell law firm, we have over a decade of experience handling driving under suspension matters in Colorado. Give me a call at to discuss your case, and the specifics of your license situation.
We can determine the best course of action to get your license reinstated and handle any criminal charges that you might be facing.