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Driving Under Restraint, C.R.S. 42-2-138

Driving Under Revocation, Suspension and Restraint Lawyers of Colorado

Alicense held by a Colorado driver can be suspended or revoked, as well as placed under restraint.  If caught driving without a valid license, people are usually charged with  DUR (Driving Under Restraint / Revocation). Under C.R.S. 42-2-138, the term restraint includes license suspensions and license revocations in Jefferson and Arapahoe County (learn more about traffic crimes in Colorado).

License Revocations

A license revocation or suspension in Denver or Douglas County often results from alcohol offenses such as:

Similarly, C.R.S. 42-4-1301(2)(a) contains an encompassing alcohol offense generally known as excess blood alcohol content. If your blood alcohol content, or BAC, is between .02 and .05 and you are under 21 years of age, there is a specific misdemeanor crime likely resulting in suspension or revocation of your license (C.R.S. 42-4-1301(2)(a.5)).

License Suspensions

When a driver accumulates excessive points, their license can be suspended in Adams and Elbert County.  If caught driving when your license is not in good standing, it is called Driving Under Suspension. Often, when no alcohol is involved, allowances are made for a “probationary” or “red” license, C.R.S. 42-2-127(14), in which a motor vehicle can be operated in restricted circumstances such as driving to school or work.

Other reasons for a license suspension:

  • Child support violations, C.R.S. 42-2-127.5
  • Giving alcohol to someone underage, C.R.S. 42-2-127.6
  • Being an uninsured driver, C.R.S. 42-2-127.7

Driving Under Restraint Means Strict Penalties

Drivers should not operate a motor vehicle if their license is under restraint, which includes driving under revocation and driving under suspension.  The penalties incurred are strict. For instance, a jail sentence for up to 6 months is possible if driving under restraint as a result of point suspension, not including an alcohol offense. If a second offense should occur, you will then be prohibited for three years from acquiring a driver's license of Colorado.

1) First Offense: If an alcohol offense is the cause for restraint, and it is your first offense, you will be required to spend 30 days in jail.

2)Second Offense: On the second alcohol-based offense, you will be required to spend 90 days in jail.

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Colorado Driving Under Restraint Statute: C.R.S. 42-2-138

“Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person's license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a misdemeanor. (d) (I) A person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person's license or privilege to drive, either as a resident or nonresident, is restrained under section 42-2-126 (3), is restrained solely or partially because of a conviction of DUI, DUI per se, DWAI, or UDD, or is restrained in another state solely or partially because of an alcohol-related driving offense is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than thirty days nor more than one year and, in the discretion of the court, by a fine of not less than five hundred dollars nor more than one thousand dollars.”

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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 top criminal defense lawyers at Sawyer Legal Group, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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