👮‍♂️ Driving Under Restraint (DUR) – C.R.S. § 42-2-138(1)(a)

Driving Under Restraint (DUR)—often called driving under suspension or driving under revocation—occurs when a person operates a motor vehicle in Colorado while their license or privilege to drive is under restraint for a non-alcohol-related reason.

Common causes include too many points, failure to pay a ticket, lapse in insurance, or an administrative hold by the DMV.

Unlike DUR-Alcohol (a criminal misdemeanor) or DUR-OJW (Outstanding Judgment Warrant) (a traffic infraction), this “garden-variety” DUR is prosecuted under § 42-2-138 (1)(a) and classified as a Class A traffic infraction.

This 2025 update reflects the current law and administrative penalties under C.R.S. § 42-2-138 and § 42-2-127, incorporating the latest DMV enforcement policies.

But don’t let the “infraction” label fool you — the real penalty doesn’t come from the courtroom.

1. The Real Penalty: The DMV Extension

Even though this DUR is non-criminal, the Colorado Division of Motor Vehicles imposes serious administrative consequences after any conviction.

Under C.R.S. § 42-2-127 (3), the DMV will extend the driver’s restraint by one full year, starting from the date they would otherwise have been eligible to reinstate.

If a second DUR occurs within five years, the extension increases to three years.

A simple plea to an infraction in court can quietly reset the clock on your license — leaving you unable to drive for another year or longer.

Furthermore, no driving privileges of any type can be acquired during this additional period of restraint — no “red license,” no work permit, and no early reinstatement are permitted under Colorado law.

Why? Because the underlying DUR is treated as a moving violation during a period of restraint, which automatically disqualifies a driver from receiving any form of restricted privilege.

Unfortunately, a DMV hearing won’t change that outcome.

2. “Knowledge” as an Element

To establish liability, the prosecution must prove that the driver knew or should have known their license was under restraint.

Proof may come from DMV mailings, returned notices, or admissions during the stop.

Even if the driver never saw the letter, courts may still find they should have known if notice was properly mailed.

This “knowledge” element is often misunderstood — and sometimes defensible with the right evidence and argument.

3. Penalties in Court vs. DMV Consequences

Many people leave court relieved they avoided jail or a criminal record — only to receive a DMV notice weeks later extending their suspension.

That notice is where the real penalty lives.

4. Why Representation Still Matters

Even though this DUR is “just” an infraction, the DMV consequences can be far harsher than many misdemeanors.

A knowledgeable defense attorney can:

• Challenge the stop and the evidence supporting the restraint;
• Analyze the knowledge element to determine whether it can be disputed;
• Seek a resolution that does not ignite an additional revocation at DMV; and
• Guide you through the DMV reinstatement process to avoid future issues.

Avoiding or minimizing a DMV extension can save a year or more of reinstatement delays and unexpected financial loss.

⚖️ Contact a Colorado DUR Defense Attorney

If you’ve been cited for Driving Under Restraint (non-alcohol) in Colorado, don’t assume it’s a minor ticket.

The courtroom may be lenient — but the DMV won’t be.

Contact Attorney Monte Robbins to review your record, evaluate your reinstatement path, and protect your driving privilege.

📞 303-355-5148