Driving under restraint is defined under Colorado Revised Statute CRS 42-2-138 as follows:

“Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a non-resident, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a misdemeanor. A court may sentence a person convicted of this misdemeanor to imprisonment in the county jail for not more than six months and may impose a fine of not more than five hundred dollars.” Colo. Rev. Stat. Ann. § 42-2-138 (West). 

“Knowledge” means actual knowledge of any restraint from whatever source or knowledge of circumstances sufficient to cause a reasonable person to be aware that such person’s license or privilege to drive was under restraint. “Knowledge” does not mean knowledge of a particular restraint or knowledge of the duration of restraint.

Penalties for Driving Under Restraint

The underlying reason for the initial suspension or restraint will determine the possible consequences. If you are caught driving while your license is under restraint because you recently had a DUI, you would have an alcohol restraint. If you are caught driving while your license is suspended for an unpaid traffic ticket in the State of Texas or you exceeded the points allowed on your driver’s license, the restraint is non-alcohol related.

Penalties for non-alcohol related restraint violations can be:

• 5 days to 6 months jail time;
• Up to a $500 fine;
• Increased time for restraint of license.

Penalties for alcohol or drug-related restraints can be:

• 30 days to one year jail time;
• $500 to $1,000 fine;
• For subsequent convictions, the jail time can be increased to 90 days to 2 years in the county jail;
• Increased time for restraint of license.

WHAT NOBODY BOTHERED TO TELL YOU

If you try to handle this case on your own, you may believe you did well if you walk out of court with only two points on your license and a small fine instead of jail. Unfortunately, when making this kind of deal with the prosecutor, your license was suspended for another year. This is a DMV rule which is designed to punish you for driving when your privileges are suspended or revoked; it is how people get stuck in the system, many of whom are destined to become Habitual Traffic Offenders.

Retaining the services of Lucero Law gives you the best chance of avoiding these penalties. We urge you not to wait to get help. 

Contact us today for a free case review to get started with a professional defense.