Driving is essential to life everywhere in America, and Colorado is no exception. Without access to a car, living here can be challenging. If you drive without the right to do so or after losing your license, you may face Driving Under Restraint (DUR) charges. This article will help you understand DUR charges, including:
- What A Driving Under Restraint charge is and what Colorado police need to prove it.
- The consequences of a DUR charge, including how it will affect your driving privileges.
- How a lawyer can help defend you against DUR charges and their consequences in Colorado.
What Is Driving Under Restraint In Colorado?
In Colorado, driving with the knowledge that your driving privilege is suspended, canceled, denied, or restrained is considered driving under restraint. It is important to note the specific knowledge requirement, which plays a critical role later on.
Legally, driving under restraint is a class A traffic infraction, punishable by a fine but not by jail time. However, a second or subsequent violation within five years of the first conviction will result in losing your driving privileges for at least three years.
There is also a specific form of driving under restraint, called DUR-ALC, related to alcohol incidents. If your license is suspended due to a DUI and you are caught driving, the penalties are harsher.
How Is The Knowledge Requirement Proved In DUR Cases?
It is important to remember that for you to be guilty of driving under restraint, you must be proven to be aware that you did not have the right to drive at that time. This knowledge requirement can sometimes be a weak point in the prosecution’s case.
One defense is to question whether the DMV or law enforcement actually notified you that you were not supposed to drive. They might have sent the notification to the wrong address, or the police may have failed to provide proof of service when you were pulled over. These documents are essential for proving you knew you weren’t allowed to drive.
Challenging the lack of proof of service or improper notification by the DMV or police department is a common way to challenge the presumption that you knew that you were not supposed to be driving.
These government entities have to validly serve you with notice that your license has been revoked and maintain documentation of that notification to pursue charges against you. This is why they will often serve someone with a notice of DUR when they had not previously been served. At that point, service will be noted in the DMV file for law enforcement purposes so that they can pursue charges in the future.
What Are The Penalties For A First Time DUR Offense?
A first-time Driving Under Restraint offense results in a fine only. However, it is important to be cautious because this conviction will make any subsequent violations more serious, especially regarding your driving privileges.
How Will Being Caught Driving Under Restraint Impact My Future Driving Privileges?
A DUR charge can extend any suspension that is already in place. If you have already been notified that your license is suspended and you are subsequently charged with DUR, a conviction will extend the suspension by at least one year.
A DUR conviction is also a strike under the habitual traffic offender laws. Accumulating three or more habitual traffic offender strikes of any kind results in a longer license suspension and more severe penalties.
A DUR charge can be serious because:
- It can add a habitual traffic offender strike to your record, increasing the risk of becoming a habitual traffic offender.
- It can extend the suspension period of your license, potentially creating a cycle of driving while suspended and extending the suspension further.
This cycle can result in much longer suspension periods than originally imposed, particularly if you plead guilty to driving under restraint or continue to drive while restrained.
Attorneys Jim & Christina Zorrilla are a Denver-based defense lawyer who has helped countless clients charged with driving under restraint avoid or mitigate the consequences of a conviction. With years’ worth of experience as a public defender and defense attorney, their advice is grounded in courtroom victories and negotiation successes and tempered with compassion for those who have ended up on the wrong side of Colorado traffic laws.
If you or someone you love has been charged with Driving Under Restraint, don’t let it ruin your future; contact The Zorrilla Law Firm today to schedule an initial consultation.
What Other Defenses Can Be Used To Beat A DUR Charge?
While challenging the proof of notification is a common defense in DUR cases, it is not the only one.
- Erroneous Restraint or Suspension: If the DMV mistakenly restrained or suspended your license, a lawyer can argue that the license should not have been suspended in the first place, potentially leading to dropped charges.
- Choice of Evils Defense: In emergencies or exigent circumstances where the necessity to drive outweighed the issue of driving under restraint, this defense can be used.
- Negotiation and License Reinstatement: Rather than outright defending against the DUR charge, your attorney can negotiate with the court and prosecutors to give you extra time to resolve the status of your license. Completing required classes or paying fines can lead to the restoration of your driver’s license, allowing prosecutors to modify the charge or offer a resolution that does not include a DUR charge.
Simply by working with the courts and extending the procedures, your attorney can give you the opportunity to regain your license and avoid the driving under restraint charge altogether.
What Happens If You Face Driving Under Restraint Charges During A DUI Suspension?
Driving Under Restraint charges have a special classification called DUR-ALC when the suspension is related to a DUI offense. This includes situations where the restraint is due to:
- Driving while ability impaired (DWAI)
- Underage drinking and driving
- Refusal to take a breath or blood test during a DUI stop
If you are restrained for any DUI-related reason and are caught driving, the DUR-ALC is automatically classified as a class two misdemeanor traffic offense, punishable by 10 to 90 days in jail. This means that even if you refuse a test during a DUI stop and are later proven innocent, your license will be suspended, and driving during that suspension can result in jail time, despite the fact that you were never guilty of driving under the influence.
For a second or subsequent DUR-ALC offense within five years of the first conviction, you will not be eligible to reinstate your license for four full years. As such, avoiding these types of convictions is crucial to maintaining your driving privileges.
For more information on Understanding Driving Under Restraint (DUR), an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 951-8004 today.
Attorneys Jim & Christina Zorrilla are a Denver-based defense lawyer who has helped countless clients charged with driving under restraint avoid or mitigate the consequences of a conviction. With years’ worth of experience as a public defender and defense attorney, their advice is grounded in courtroom victories and negotiation successes and tempered with compassion for those who have ended up on the wrong side of Colorado traffic laws.
If you or someone you love has been charged with Driving Under Restraint, don’t let it ruin your future; contact The Zorrilla Law Firm today to schedule an initial consultation.