Driving Under Restraint

To protect the safety and general welfare of its residents, Colorado has enacted many strict driving laws. In an effort to keep the roads safe, the state typically uses suspensions or revocations of one’s driver’s license as a penalty. To ensure these penalties are enforced, state law also imposes serious consequences on those who drive with suspended or revoked licenses through the charge of “Driving Under Restraint,” or DUR. The Driving Under Restraint traffic offense is a more serious charge than most other traffic offenses.

Driving Under Restraint Traffic Offense

The Driving Under Restraint traffic offense is described in Section 42-2-138 of the Colorado Revised Statutes. That section explains that this charge arises when a person who knows that his or her license is restrained for any reason — other than for conviction of an alcohol-related driving offense — but drives anyway. Doing so results in a misdemeanor charge of DUR. When the restraint is due to an alcohol-related driving offense, the DUR is treated as an even more serious traffic offense and harsher penalties are imposed.

Commonly, a Driving Under Restraint charge is not of the alcohol-related variety, but the penalties are still serious. A DUR conviction subjects the offender to a fine of no less than $50 but no more than $500. In addition, the conviction carries a jail sentence of between five days and six months. If the defendant has a previous conviction for this particular offense, he or she will be subject to the same penalties but also be unable to obtain a driver’s license in Colorado for three years.

Because Colorado takes alcohol-related driving offenses seriously, the DUR penalties are enhanced when a defendant has a restrained license due to an alcohol-related offense. In those cases, the potential jail sentence will be between 30 days and one year, and the defendant will be subject to fines of at least $500 but no more than $1,000. If this is the second alcohol-related DUR conviction, the potential jail term is between 90 days and two years, and the fine will be at least $500, and up to $3,000.


Driving Under Restraint may seem harmless, but Colorado takes this traffic offense very seriously. Colorado Springs Driving Under Restraint Defense Attorney Shimon Kohn aims to help DUR defendants fight such charges to the fullest extent of the law. Make the right move and book a FREE, confidential, no-obligation consultation now. If you or someone you know is facing potential criminal DUI/DWAI/DUR or other criminal traffic charges in Colorado Springs, contact criminal defense lawyer Shimon Kohn anytime at 719-328-9555.  Don’t wait. Your defense starts now.


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