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Denver Driving Under Restraint Attorney

Posted by Kyle B. Sawyer | Mar 08, 2019 | 0 Comments

It is a crime in Denver, and throughout Colorado, to drive if your license has been denied, revoked, or suspended. Even if you have a driver's license from out of state that is suspended, Driving Under Restraint (DUR) can be charged to those who choose to operate a motor vehicle. If convicted of DUR, you can face jail time and costly fines. Contacting a knowledgeable Denver driving under restraint attorney is crucial when facing a charge such as this.

What is Driving Under Restraint in Denver?

A person drives under restraint in Denver when their license has been:

  • denied
  • suspended
  • revoked

C.R.S. 42-2-138 also clarifies that this law applies to residents and nonresidents of Colorado. Typically, offenses involving alcohol such as DWAI and DUI can result in revocation or suspension of a driver's license. Additionally, a conviction of vehicular assault or vehicular homicide can also lead to a revoked or suspended driver's license. Another way drivers can have their license suspended is through accumulation of points. Sometimes, point suspensions might contain a red / probationary license where a person is permitted to drive within limited parameters such as going to work or school. Finally, additional circumstances that can impact a Colorado driver's license are child support violations, alcohol provided to an underage person, or being an uninsured motorist.

What is the Penalty for Driving Under Restraint in Colorado?

The punishment for driving in Denver with a suspended or revoked license (unrelated to alcohol or drugs) can be up to 180 days in county jail and a maximum fine of $500. If a driver commits a second or subsequent offense of driving under restraint within 5 years, they are ineligible to obtain a Colorado driver's license for 3 years.

If a driver's license was suspended or revoked because of a DUI / DWAI, the consequences are steeper. Sentencing for driving under restraint in these situations can involve 30 days – 1 year in county jail and a fine of $500 – $1,000. Additionally, a one year suspension can apply to the driver's license. A second or subsequent offense under these parameters can result in 2 months – 2 years in county jail, a fine of $500 – $3,000, and ineligibility for a driver's license for 4 years.

Denver Driving Under Restraint Attorney | DMV Traffic Lawyer

In short, it is important that drivers with suspended / revoked licenses simply not drive. The penalties are stiff and not worth the risk. However, maybe you had to drive in an emergency situation, perhaps to the emergency room or hospital. Should you face jail time, significant fines, and long periods of driver's license ineligibility? Our experienced defense attorneys know the ins and outs of Colorado traffic laws and can go to work for you in your case immediately. Don't hesitate. Contact us to help protect your freedom to drive.

If you or someone you know is facing a driving under restraint charge, be smart. Contact the aggressive traffic attorneys at O'Malley and Sawyer at 303-830-0880. Together, we can protect your future.

Photo Credit: Pexels – JESHOOTS

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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