If you have been charged for Driving Under Restraint (DUR) in Larimer, Jackson, or Boulder County, you probably have a lot of questions. We are here to answer them. As experienced criminal defense attorneys, we have a thorough understanding of the detailed laws related to driver’s licenses in Colorado. Today, we’ll answer your questions.
[pullquote align=”center” textalign=”center” width=”100%”]Read our Driving Under Restraint FAQ’s[/pullquote]What is Driving Under Restraint (DUR)?
Driving Under Restraint – C.R.S. 42-2-138, is a harsh law which is charged in Fort Collins, Loveland, and Estes Park whenever a person drives a vehicle while their license is under restraint. This law applies whether you are a Colorado resident, or an out-of-state resident. In order for a person to be convicted of DUR, the Larimer County DA must prove the person drove, even though they knew their license was under restraint. One element must be apparent – the knowledge their license was under restraint at the time they drove.
How Do I Know if My License is Restrained?
If any of the following things have taken place in your driving history, your license is under restraint:
- Driver’s License Revocation: This may occur in alcohol related offenses.
- Driver’s License Suspension: This occurs when a person has too many points on their license.
- Driver’s License Denial: This occurs when a person has been denied a driver’s license.
There are many different combinations and reasons a person’s license was revoked, denied, or suspended. Whether you had too many points on your license from driving without proof of insurance, speeding, or failure to appear in court, or your license was revoked after a DUI / DWAI case, it is important to understand your license could be taken away even longer if you drive while under restraint.
What Happens If I Didn’t Know My License Was Under Restraint in Larimer County?
The District Attorney will examine the evidence in order prove you knew you were Driving Under Restraint. According to Colorado law, the definition of “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.” In other words, they must prove that you knew, in any of these three circumstances:
- That you actually did know your license was under restraint.
- That you were aware of circumstances which would lead you to believe your license was under restraint.
- That DMV mailed a notice to your last known address.
Obviously, this statute is vague, which is why you need an experienced criminal defense attorney to be your advocate in court. You need someone who can prove you had no knowledge your license was suspended to secure your privilege to drive.
What Happens if I am Convicted of DUR?
The penalties for a DUR conviction vary, depending on the original reason for which your license was suspended. Let’s look at each circumstance in order to understand what you are facing.
Restrained for Non-Alcohol Related Offenses
First Conviction
If your license was suspended for a non-alcohol offense, and it is your first time conviction of DUR, you can expect the following:
- Possible imprisonment in the Larimer County Jail of up to 6 months.
- Fine of up to $500.
- In-home detention is a possible alternative to jail time, but it is sentenced on the court’s discretion.
Second or Subsequent Conviction (within 5 Years)
- The same penalties as above.
- Not able to reinstate driver’s license an additional 3 years from when you were originally eligible for reinstatement.
Restrained for Alcohol-Related Offenses
First Conviction
- Mandatory jail sentence a minimum of 30 days and up to 1 year in the Larimer County Jail (mandatory jail sentence may be lifted if it can be proven you drove with a suspended license because of an emergency).
- Fine of up to $1000.
- Probation and suspended sentences not allowed (unless it can be proven you drove with a suspended license because of an emergency).
- In some cases, alternatives to jail time (in-home detention) are possible.
Second or Subsequent Conviction
- Mandatory jail sentence for a minimum of 90 days and up to 2 years (mandatory jail sentence may be lifted if it can be proven you drove with a suspended license because of an emergency).
- Fine of up to $3000.
- Not able to reinstate driver’s license an additional 4 years after a DUR conviction (if the second conviction occurred within 5 years of the first conviction).
- In some cases, the court may order alternatives to jail time (such as work-release or in-home detention).
- Suspended sentences and probation are not permitted (unless it can be proven you drove with a suspended license because of an emergency).
Should I Hire an Attorney for DUR?
If you have been charged with Driving Under Restraint in Fort Collins or Loveland, Colorado, it is in your best interest to contact an experienced criminal defense attorney to avoid mandatory county jail time. We offer a free consultation, to take a look at your case and come up with a game plan for your defense. Your driver’s license is important to your freedom. Don’t stand alone in court and try to protect it. Contact an experienced criminal defense attorney who can fight on your behalf.