🚫 Driving After Revocation Prohibited (DARP) — C.R.S. § 42-2-206

✅ Updated October 2025

Driving After Revocation Prohibited (commonly called DARP) is one of Colorado’s most serious traffic-related offenses.

It applies when a driver who has been designated a Habitual Traffic Offender (HTO) under C.R.S. § 42-2-202 is caught driving while their license is still revoked.

1. What Is DARP?

Under C.R.S. § 42-2-206(1), it is unlawful for a person to operate a motor vehicle in Colorado while their privilege to drive has been revoked as a habitual traffic offender.

This charge is distinct from a standard Driving Under Restraint (DUR).

Whereas DUR typically involves a suspended or restrained license, DARP specifically applies to those already under a five-year HTO revocation imposed by the Colorado Department of Revenue.

2. Criminal Penalties

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

Penalties include:

• Mandatory minimum 30 days jail, up to 18 months jail
• Fine range $3,000 – $5,000
• Court costs, fees, and probation conditions as ordered

Judges have limited discretion to reduce or suspend the jail sentence.

Prosecutors generally seek meaningful jail time for DARP convictions, reflecting the seriousness of driving while under an HTO revocation.

3. Community Service Alternative

Colorado law allows a court to suspend all or part of the jail term or fine if the defendant successfully completes 40 to 300 hours of useful public service.

Upon completion, the suspended sentence is vacated.

In practice, this option is reserved for exceptional cases where a defense attorney secures it through effective advocacy and a strong mitigation showing.

Many district attorneys oppose this outcome, so it is not automatically available or offered in most cases.

4. DMV Consequences

A DARP conviction extends the existing Habitual Traffic Offender revocation period.

The Colorado Department of Revenue adds at least one additional year of restraint beyond the date the driver would have been eligible for reinstatement.

Even after serving any jail sentence, the driver remains under revocation until the extended period expires.

The DMV will not reinstate driving privileges until:

• The extended revocation has fully run, and
• All reinstatement requirements (SR-22 insurance, reinstatement fee, and any alcohol/interlock conditions) are satisfied.

While a hearing may be requested, the DMV’s review is limited to verifying the accuracy of the record, not reconsidering eligibility for early reinstatement.

5. Legal Defense and Strategic Considerations

DARP cases combine criminal exposure and severe administrative consequences.

An experienced defense attorney can:

• Review the accuracy of the HTO designation and revocation timeline
• Identify defects in the traffic stop or proof of operation
• Negotiate for community service or a reduced charge when possible
• Coordinate strategy with DMV to minimize additional revocation time

6. Why Legal Representation Matters

Because DARP charges sit at the intersection of criminal law and administrative license revocation, a misstep in one forum can carry serious consequences in the other.

Defense work involves more than mitigating jail risk — it’s about protecting the driver’s future licensing status and laying the groundwork for eventual reinstatement.

Colorado Traffic Attorney Monte Robbins represents drivers charged with Driving After Revocation Prohibited throughout the Denver metro area and across Colorado.

For a confidential case review, call 📞 303-355-5148 or visit Denver-Attorney.us.