Denver Driving Under Suspension, Restraint, Revocation Lawyer
Driving under restraint (DUR), means that a person drove a motor vehicle in Colorado when her license was under restraint or restrained due to a denial, revocation, or suspension in Colorado or anywhere in the United States.
Driving under restraint (DUR) is the general catchall term for driving in Colorado when a person’s driver’s license is suspended, revoked, denied, or restrained. There are more than thirty (30) reasons why a person’s driver’s license may be suspended, revoked, or restrained at Colorado Division of Motor Vehicles (DMV). Some of the most common restraints include a suspension for too many points or the non-payment of child support.
An outstanding judgment warrant (OJW) in a traffic case may also lead to a restraint whereby a driver failed to appear for court or didn’t pay for a ticket. A conviction of DUI or DWAI will lead to a revocation of a person’s driver’s license.
Failure to maintain SR22 may also cause a revocation of a person’s driver’s license or submitting a blood or breath test with a BAC of .08 or greater when a driver is stopped for DUI or DWAI. This restraint or revocation is known as an Express Consent Revocation.
Driving under suspension, revocation, or restraint is a serious charge with serious consequences. A typical case involves an allegation that a person drove a motor vehicle with the knowledge that such person's license or privilege to drive was under restraint, denial, revocation, or suspension. A conviction under this provision may lead to a sentence of up to six (6) months in jail and may also involve a fine of up to five hundred dollars ($500.00), in addition to court costs. This particular driving under restraint, revocation, or suspension sentencing scheme only applies to offenses whereby the restraint at DMV is not due to a conviction for DUI, Underage Drinking and Driving, Habitual User, DUI per se, or DWAI.
Often times drivers in Colorado do not know that their license is under restraint, suspension, or revocation. Knowledge of the restraint is an element that the District Attorney’s Office must be able to prove.
Once the Division of Motor Vehicles receives notice of a conviction for DUR, they will further impose an additional one (1) year revocation of a person's driving privilege. This additional year is calculated from the date the person would have been eligible to receive his/her license back, before the alleged violation. Penalties are even more severe for a subsequent conviction within five years of the first conviction and cause an additional three (3) year period of revocation.
Driving under restraint, due to an alcohol-related revocation (DUR-alc) is also a very serious charge with serious consequences. This particular charge also applies to restraints due to habitual user, underage drinking and driving and alcohol related restraints initiated out of state.
If a person's driving privilege is revoked due to an alcohol related driving revocation, he/she will face a minimum of 30 days mandatory jail time up to one (1) year of jail, fines of five hundred to one thousand dollars, court costs, and an additional one year of revocation.
Upon a second or subsequent conviction, these penalties increase to a minimum mandatory jail term of ninety (90) days to two (2) years, fines of five hundred ($500.00) to three thousand ($3000.00) dollars, court costs, and additional DMV consequences. If the second or subsequent conviction occurred within five (5) years of the first conviction, DMV will restrain a person’s driver’s license for an additional four (4) years. Thus the penalties are extremely severe.
If the driver charged with driving under restraint due to an alcohol-related restraint had to drive due to an emergency, then the minimum mandatory jail sentence does not apply.
When you are facing a driving under restraint, revocation, suspension charge, you need a professional, proactive, and experienced traffic defense lawyer on your side. The Law Office of Monte J. Robbins, Esq. can provide you with the experience and knowledge that is critical in defending against these types of charges.
If you have been charged anywhere in Colorado with driving under restraint, revocation, suspension, or denial we can help. Contact us immediately at 303-355-5148, 970-301-5541, or toll-free at 1-888-DUI-COLO (1-888-384-2656) to discuss your options.