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Denver Driving Under Restraint (DUR) – 2025 Guide
✅ Updated October 2025
Driving Under Restraint (DUR)—sometimes called Driving Under Suspension or Driving Under Revocation—is one of the most misunderstood traffic offenses in Colorado.
The laws have changed dramatically in recent years, shifting the focus away from jail and toward severe Department of Motor Vehicles (DMV) penalties that can leave a driver unable to lawfully drive for years.
1. What Is Driving Under Restraint?
Under C.R.S. § 42-2-138, a person commits Driving Under Restraint when they operate a motor vehicle while their license or driving privilege is under restraint for any reason—revoked, suspended, denied, or cancelled—either in Colorado or any other U.S. jurisdiction.
The term “restraint” covers a wide range of situations, including excessive points, unpaid tickets, child-support suspensions, SR-22 insurance lapses, or prior alcohol-related revocations (such as DUI, DWAI, or Habitual User).
2. Penalties for Non-Alcohol and Alcohol-Related Driving Under Restraint
As of January 1, 2022, Colorado restructured the DUR statute.
Most non-alcohol DURs are now civil infractions, while alcohol-related DURs remain criminal offenses—but the real impact comes from the DMV.
Penalties Overview
| Type of Restraint | Offense Level | Jail Exposure | Fine Range | DMV Consequences |
|---|---|---|---|---|
| Non-Alcohol DUR (§ 42-2-138(1)(a)) | Class A Traffic Infraction | None | $15 – $100 | 3 points (§ 42-2-127(5)(r)) + mandatory 1-year extension of restraint (§ 42-2-127(3)) |
| Alcohol-Related DUR (DUR-alc) (§ 42-2-138(1)(d)) | Class 2 Misdemeanor Traffic Offense | 10–90 days jail possible | $500–$3,000 | 1-year revocation on first conviction; 4-year revocation if a second within 5 years (§ 42-2-138(1)(e)) |
Although the statute allows for fines or jail, the true penalty now comes from the DMV.
Two DUR-alcohol convictions within five years trigger a four-year mandatory revocation—often a harsher punishment than anything imposed by the court.
In Colorado, where public transit options are limited, a driver’s license is a lifeline.
Losing it can mean losing employment, mobility, and independence.
That’s why understanding the DMV consequences of any DUR charge is crucial.
3. Key Variations of Driving Under Restraint
Colorado law recognizes several distinct forms of DUR, each with unique statutory classifications and DMV consequences:
- DUR – Non-Alcohol (§ 42-2-138(1)(a)) – The standard “driving under suspension” case.
- DUR – Alcohol (§ 42-2-138(1)(d)) – Restraint due to DUI, DWAI, or Habitual User revocation.
- DUR – OJW (§ 42-2-138(1.5)) – Driving under restraint caused by an Outstanding Judgment Warrant (Class A traffic infraction).
- DUR – Circumvention of Interlock (§ 42-2-132.5) – Operating a vehicle not equipped with an ignition interlock when required.
- DARP – Driving After Revocation Prohibited (§ 42-2-206) – The most serious DUR-related charge, filed when a person drives after being declared a Habitual Traffic Offender (HTO) by the DMV.
- DARP is a Class 1 misdemeanor traffic offense, carrying potential jail time, extended revocation, and major collateral consequences.
- HTO – Habitual Traffic Offender (§ 42-2-202) – A DMV designation applied when a driver accumulates multiple major traffic convictions within a specified period.
- The designation itself is not a criminal charge, but it triggers a five-year revocation. Driving during that revocation leads to a DARP charge.
Each variation will be covered in its own detailed page, with 2025-accurate penalty structures, reinstatement timelines, and DMV-focused defense strategies.
4. Practice Notes: Adams & Denver Counties
Adams County:
DUR cases are typically heard at the Adams County Justice Center in Brighton (1100 Judicial Center Drive).
Most cases begin in the First Appearance Center (FAC) before a magistrate.
Denver County:
In Denver, DUR cases may be filed either at the Lindsey-Flanigan Courthouse (520 W. Colfax Ave.) or the 1437 Bannock Street Courthouse.
Venue depends on the charging agency and the nature of the allegations.
5. Why These Cases Matter More Than Ever
The shift in Colorado’s traffic law enforcement means the real penalty isn’t always in the courtroom—it’s in the mail from the DMV.
Many people represent themselves, avoid jail, and think they’ve “won,” only to receive a notice weeks later imposing an additional one-year or four-year revocation.
Without experienced legal guidance, it’s easy to fall into this trap.
Call for Help
If you’re facing a Driving Under Restraint, Revocation, or Suspension charge anywhere in Colorado, call 303-355-5148 for a free consultation.
You’ll speak directly with Monte Robbins—not an assistant or call screener.
✅ Updated October 2025 – Reflecting Current Colorado Law and DMV Practice