DRIVING UNDER RESTRAINT IN COLORADO, C.R.S. 42-2-138
Driving Under Suspension, Revocation And Restraint Colorado Lawyers
A Colorado driver’s license can be revoked, suspended or placed under restraint (DUR). Restraint is a broad term encompassing license revocations and suspensions in Denver, Jefferson, Arapahoe, Adams and Douglas counties. These terms all come together under C.R.S. 42-2-138.
Generally, alcohol offenses such as driving while ability impaired (DWAI), 42-4-1301, or driving under the influence of alcohol (DUI), 42-4-1301, can result in the revocation or suspension of your license. Similar to these two crimes, C.R.S. 42-4-1301(2)(a) contains a “catch all” or “backup” alcohol offense often referred to as excess blood alcohol content. Finally, for persons under the age of 21, there is a special misdemeanor crime that can result in revocation/suspension of a license if a person’s blood alcohol content (BAC) is between .02 and .05. C.R.S. 42-4-1301(2)(a.5). There are many other reasons a person can be revoked or suspended, such as a vehicular homicide or vehicular assault conviction. C.R.S. 42-2-125. Interlock devices in Colorado can be installed in cars to limit the damage caused to someone’s life by a suspension or revocation.
Drivers can have their licenses suspended (driving under suspension is the related crime) if they accumulate excessive points. See our DMV Point Schedule Page. In many cases, point suspensions have allowances for a “red” or “probationary” license, C.R.S. 42-2-127(14), where the driver can operate a motor vehicle under limited circumstances like going to work or school. Other reasons for suspension of someone’s license include child support violations, C.R.S. 42-2-127.5, providing alcohol to underage persons, C.R.S. 42-2-127.6, or for being an uninsured motorist, C.R.S. 42-2-127.7.
Strict Penalties For Driving Under Restraint
Drivers whose licenses are under restraint (driving under suspension and driving under revocation included) need to be careful not to drive. There are stiff penalties, including jail, if a driver is caught driving while under restraint. For example, driving under restraint based on a point suspension other than an alcohol offense provides for a possible jail sentence of up to six months. On a second offense, a driver will also be prohibited for getting a Colorado driver’s license for three years. If the underlying restraint is for an alcohol offense, then there is a mandatory 30 days in jail for a first offense. A second alcohol-based driving under restraint will result in a mandatory 90-day jail sentence.
Our experienced DMV traffic attorneys are here to help save your driver’s license in Colorado. If you have been contacted by the DMV or the police, be smart, exercise your right to remain silent and call us at 303-731-0719. Together, we can protect your future.