🏎️ Aggravated Driving with a Revoked License (Aggravated DARP) – C.R.S. 42-2-206

Aggravated Driving with a Revoked License — often called Aggravated DARP — is one of Colorado’s toughest habitual-offender traffic charges.

It’s no longer a felony, but it can still feel like one. With mandatory jail, steep fines, and possible additional revocation, this charge carries serious real-world consequences for anyone already classified as a Habitual Traffic Offender (HTO).

What the Law Says

Under C.R.S. 42-2-206, a person commits Aggravated Driving with a Revoked License if they drive while their license is revoked as a Habitual Traffic Offender (HTO) and, during the same incident, they:

• Drive recklessly (C.R.S. 42-4-1401), or
• Commit a hit-and-run (C.R.S. 42-4-1601 / 1602), or
• Elude or attempt to elude a police officer (C.R.S. 42-4-1413).

This is a Class 1 Misdemeanor Traffic Offense (MT1).

Penalties:

• Minimum 60 days in jail (probation possible but rare)
• Up to one year in jail
• Fine: $500 – $1,000
• Court costs, restitution, and possible additional one-year license revocation

A Quirk in the Law

Before 2014, subsections (a) and (b) covered DUI and DWAI while revoked — the old felony versions of Aggravated DARP. Those were repealed.

Now, oddly, driving recklessly while revoked as HTO qualifies as “aggravated,” but driving drunk while revoked does not.

It’s one of those statutory gaps that only makes sense to lawmakers — not to the people caught in it.

Real-World Scenarios

These cases usually start with ordinary drivers making split-second decisions:

🚗 The panic stop. You’re revoked as an HTO, see flashing lights, and instinctively duck into a side street — blacked out (lights off) for camouflage. That split-second choice just turned a regular DARP into an Aggravated DARP.

🚙 The fender-bender escape. You bump another vehicle at an intersection and think it’s minor, but a Flock Camera (flock.com) reads your plate before you even get home. Because you were revoked as an HTO, it’s now an aggravated case.

💨 The “I’ll just drive” moment. Your friend’s tired, so you take the wheel for a short highway stretch. One aggressive lane change later to get around “grandma,” you’re pulled over for reckless driving — and now facing mandatory jail because your license was under HTO revocation.

These aren’t hardened criminals — they’re people caught between bad timing, human instinct, and a statute that doesn’t bend.

What Makes It “Aggravated”

It’s the combination that matters:

you were revoked as a Habitual Traffic Offender (HTO) and committed another serious traffic offense in the same incident.

That aggravating act — reckless driving, hit-and-run, or eluding — is what transforms a basic Driving After Revocation Prohibited (DARP) into Aggravated DARP with mandatory-jail exposure.

How I Defend These Cases

Every aggravated-revocation case has two moving parts:

1. The HTO revocation, and
2. The aggravating act.

I start by verifying whether the HTO revocation was valid and properly noticed. Then I challenge the aggravating element — was it really reckless, or merely careless? Was the “eluding” intentional, or just a misunderstanding?

I also review the habitual-offender foundation itself — if even one of the underlying convictions was defective, the HTO status (and the entire charge) may collapse.

Handcrafted Defense Since 2004

For over 20 years, I’ve defended clients charged under Colorado’s DUR, DARP, and Aggravated DARP statutes. These cases carry serious penalties, but they’re often built on assumptions that deserve to be challenged.

You’ll never show up to court and find a stranger standing beside you pretending to know you and your case. Every detail matters — and so does every person behind it.

Cross-Links

If you’re charged with Driving After Revocation Prohibited (DARP) instead, see my page on Driving After Revocation Prohibited – C.R.S. 42-2-138.

For a full overview of DUR-related offenses, visit the Denver Driving Under Restraint (DUR) – 2025 Guide.

Call Me Today

If you’ve been charged with Aggravated Driving with a Revoked License, call me directly at 303-355-5148 for a free consultation.

You’ll speak with me, Monte Robbins — not a screener or assistant. I’ll personally defend you in the county court where your case is filed and at your DMV hearing.