Driving under restraint (DUR) in Colorado means driving while your license is suspended, revoked, canceled, denied, or otherwise restrained, and knowing about that restraint. Penalties depend on why your license was restrained. A non-alcohol DUR is a misdemeanor traffic offense, while an alcohol-related DUR carries mandatory jail time, starting at 30 days on a first offense, and a longer loss of driving privileges.
Many Denver drivers charged with DUR did not realize their license was restrained, or believed it had already been reinstated. Those details matter, because knowledge is part of what the prosecution must prove.
What Colorado Law Says
Driving under restraint is defined in C.R.S. 42-2-138. “Restraint” covers more than a suspension. It includes any denial, cancellation, revocation, or suspension of the privilege to drive in Colorado or another state. Common reasons for a restraint include unpaid tickets, failure to appear in court, too many points, lack of insurance, unpaid child support, and alcohol-related enforcement such as a DUI or an express consent refusal.
Non-Alcohol DUR Compared With Alcohol-Related DUR
| Issue | Non-Alcohol DUR | Alcohol-Related DUR |
|---|---|---|
| Why the license was restrained | Points, unpaid tickets, failure to appear, insurance, child support, and similar reasons | DUI, DWAI, or an express consent refusal or BAC-based revocation |
| Classification | Misdemeanor traffic offense | Misdemeanor with mandatory jail |
| Jail | Possible, typically limited | Mandatory minimum 30 days on a first offense; 90 days to 2 years on a second |
| Fines | Fines up to several hundred dollars | Higher fines |
| License consequences | Additional restraint period, commonly one year | Additional revocation period, longer than non-alcohol DUR |
Because the alcohol-related version carries mandatory jail, it is critical to confirm exactly what caused the original restraint. Our Denver DUI license suspension guide explains the alcohol-related restraints in more detail.
The Knowledge Element
To convict you of DUR, the prosecution must show that you knew, or reasonably should have known, that your license was restrained. DMV notice mailed to the address on your record can establish knowledge, but problems with that notice can create a defense.
Common Defenses to a DUR Charge
- No notice: The DMV sent notice to an old address, or there is no proof it was sent.
- Restraint had ended: The restraint period was over, and you were eligible for reinstatement, even if paperwork was not complete.
- Valid restricted license: You held a probationary or interlock-restricted license and were driving within its terms.
- Emergency: In limited situations, driving to address a genuine emergency may be relevant.
- Stop issues: The traffic stop itself lacked a lawful basis.
Drivers who lost their license after a DUI can sometimes return to the road legally with an interlock. See our guide to restricted licenses after a DUI suspension in Denver.
When DUR Stacks on Top of a DUI Case
DUR charges often arrive alongside, or shortly after, a DUI case. A DUR conviction can extend your restraint and complicate efforts to get an early reinstatement or interlock license in the DUI case. Coordinating both cases helps prevent one outcome from undoing progress in the other.
The Habitual Traffic Offender Risk
Colorado designates drivers as habitual traffic offenders when they accumulate a certain number of major traffic convictions within a set period, and DUR convictions count toward that total. An HTO designation leads to a multi-year revocation, and driving while designated as an HTO is a felony. If you already have prior DUR, DUI, or reckless driving convictions, the stakes of a new DUR charge rise significantly.
What to Do If You Are Charged
Request your full Colorado driving record to see the reason for your restraint and the dates involved. Gather any reinstatement letters, interlock paperwork, or proof that you paid the fees. Then talk to a lawyer before your first court date. Our team also helps with Denver DMV assistance to resolve the underlying restraint.
Frequently Asked Questions
What is driving under restraint in Colorado?
Driving while your license is suspended, revoked, canceled, or denied, when you knew or should have known about the restraint.
Is driving under restraint a misdemeanor in Colorado?
Yes. Non-alcohol DUR is a misdemeanor traffic offense, while alcohol-related DUR is a misdemeanor with mandatory jail.
Is there mandatory jail for alcohol-related DUR?
Yes. A first offense carries a mandatory minimum of 30 days, and a second carries 90 days to 2 years.
Can I beat a DUR charge if I never got notice?
Possibly. Lack of proper notice can undermine the knowledge element the prosecution must prove.
Does DUR count toward habitual traffic offender status?
Yes. DUR convictions are among the major offenses that can lead to an HTO designation.
Talk to a Denver Traffic Defense Lawyer
The Law Offices of Steven J. Pisani defend DUR, DUI, and traffic charges throughout Denver and the Front Range. When you call, our team will ask about your citation, your driving record, and why your license was restrained, then explain your options before your court date. Learn more about our Denver traffic ticket lawyer services.