Driving under restraint (DUR) in Colorado, sometimes called driving under suspension (DUS), is one of the most serious traffic charges a driver can face. Under Colorado Revised Statute § 42-2-138, it is illegal to operate a motor vehicle while your license is under suspension, revocation, or denial by the DMV. Unlike a basic traffic ticket, a DUR charge can carry mandatory jail time, additional license revocation, and habitual traffic offender consequences, depending on the reason your license was restrained.
At Shazam Kianpour & Associates, P.C., our attorneys have defended traffic violation cases throughout Denver, Arapahoe, Jefferson, Douglas, and Adams County for years. Shazam Kianpour is a member of the Colorado Bar Association, the Denver Bar Association, the American Association for Justice, and the Colorado Criminal Defense Bar. If you have been charged with DUR or DUS, contact us today for a free consultation.
Colorado law recognizes two distinct categories of DUR, and the penalties differ dramatically between them. The first is non-alcohol-related DUR, which applies when your license is suspended due to point accumulation, unpaid tickets, failure to pay child support, or a license hold from another state. This type is a class A traffic infraction or class 1 traffic misdemeanor depending on the circumstances, and while it does not carry a mandatory minimum jail sentence, a conviction can still result in up to six months in county jail and will extend your existing license suspension by adding more points to your record.
The second and more serious category is alcohol-related DUR (DUR-Alc), which applies when your license was revoked following a DUI or DWAI and you are caught driving during that revocation period. A first DUR-Alc conviction carries a mandatory minimum of 30 days in jail and a maximum of one year. A second conviction can result in up to two years in county jail, which exceeds the maximum penalty for a DUI in Colorado. DUR-Alc is also a habitual traffic offender strike, which can trigger a separate five-year license revocation by the DMV. The type of restraint on your license determines everything about how your case will be handled, which is why understanding the distinction matters from the moment you are charged.
DUR means operating a motor vehicle while your Colorado driver’s license is under suspension, revocation, or denial. It applies regardless of whether you knew your license was suspended, and the consequences depend heavily on why the restraint was placed on your license.
DUR (driving under restraint) and DUS (driving under suspension) refer to the same offense in Colorado. DUR is the more commonly used term in Colorado courts and statutes, while DUS is informal shorthand. Both refer to driving after the DMV has suspended or revoked your license.
DUA refers to a driving under alcohol-related restraint charge, sometimes written as DUR-Alc. It applies when your license was revoked due to a DUI or DWAI conviction and you are caught driving during that revocation. It is the more serious of the two DUR categories and carries mandatory jail time.
It depends on which type you are charged with. Non-alcohol-related DUR does not carry a mandatory jail term, though up to six months is possible. Alcohol-related DUR carries a mandatory minimum of 30 days in jail for a first offense and up to two years for a second. Every county handles these cases differently, and the outcome depends significantly on the defense strategy employed.
Non-alcohol DUR: up to six months in jail, fines, and additional license suspension time from added points. Alcohol-related DUR: 30-day mandatory minimum for a first offense, up to one year maximum; a second offense carries up to two years. Both types can also count as habitual traffic offender strikes, which may trigger a separate five-year license revocation by the DMV.
No. Driving without a license applies when you have never been issued a valid license or do not have your license on your person. DUR applies when you have a license that is currently suspended or revoked. Both are serious offenses, but they are charged under different statutes and carry different penalties.
DUR charges in Denver, Arapahoe, Jefferson, Douglas, and Adams County are not all handled the same way. The court you face, the prosecutor assigned, and whether this is a first or repeat offense all affect how your case plays out. What remains constant is that having an attorney who understands the nuances of Colorado DMV law and how each courthouse operates gives you a significant advantage over going it alone.
At Shazam Kianpour & Associates, P.C., we know how to negotiate with prosecutors to reduce charges, challenge the evidence against you, and work toward protecting your driving privileges. We may also be able to help you obtain a limited license for work and school during the process. Contact Shazam Kianpour & Associates, P.C. today for a free consultation.
