Were you caught driving with a suspended license in Colorado and worried about the consequences? While driving with a suspended license is not the crime of the century, it can have negative ramifications and unsavory implications on your life. I put together this short blog to provide an overview of worried individuals about driving while suspended charges, the potential penalties, and possible defenses to the charges. Let’s take a closer look.
Driving with a Suspended License in Colorado
If your license is suspended and you get pulled over, you will be issued a ticket regardless of whether you committed another traffic infraction. Driving with a suspended license is an automatic violation of the law. Notably, even if the suspension, revocation, or restriction was issued in another state and you are caught driving in Colorado, it is still a per se violation. Colorado recognizes these restrictions imposed by other states. This makes sense; you cannot get a suspended license in one state and then drive in a different state to avoid culpability.
The consequences of driving with a suspended license will depend on the nature and severity of the original offense. In other words, the original violation that caused you to lose your license in the first place will determine the penalties of your driving while being charged.
License Suspension Because of a Drug or Alcohol-Related Charges
The harshest penalties for driving while on a suspended license are for drug or alcohol-related offenses. If your license was initially suspended due to driving under the influence charge, you could face substantial fines and penalties. If the original offense was for a DUI, then you will be charged with a class 2 misdemeanor.
License Suspension Because of Other Motor Vehicle Offenses
Generally, driving on a suspended license is a class A traffic infraction punishable by a $15 to $100 fine. You will not face jail time. For instance, if the original offense was for unpaid traffic tickets or accumulating too many points on your license, you may face fines and potentially more points on your license.
Penalty for Driving with a Suspended License in Colorado
The penalty will depend on whether you are charged with a class 2 misdemeanor or class A traffic violation. Below is a snapshot of the potential consequences for each class.
Class A Traffic Infraction
A class A traffic violation can result in fines and penalties.
A conviction for a first offense carries:
- $15 to $100 fines, and
- Up to an additional year suspension.
You will not face jail time for a first-offense class A traffic infraction.
Class 2 Misdemeanor
If your license suspension is because of driving while intoxicated by drugs or alcohol, you face a class 2 misdemeanor conviction.
If the reason for the license suspension was DUI, DWAI, or UDD, then driving on a suspended license is a class 2 traffic misdemeanor.
A conviction for a first offense carries:
- 10 days to 90 days in jail, and
- $150 to $300 in fines, and
- An additional year license suspension.
If the defendant obtains a subsequent offense within the next five years, then the penalties increase to:
- 10 days to 90 days of jail time, and
- $500 to $3,000, and
- Up to four additional years of license suspension.
In addition to fines, additional suspension time, DMV points, and possible jail time, having a suspended license can bring with it a negative stigma from family, friends, and peers. It can make obtaining or holding a job challenging, especially if it requires driving and a clean driving record. It can also impact your social and familial life.
No matter the case, it is essential to consult a Colorado defense attorney to assess your situation, protect your rights, and assert valid defenses.
Defenses to a Driving While Suspended Charge
Even though getting caught driving with a suspended license is an automatic violation, there are defenses that you can assert. Three common defenses are as follows:
You Had a Valid License
The Colorado DMV and police departments are not perfect. It is possible that your license was not suspended, and you, in fact, had a valid driver’s license at the time of the stop. For instance, it is possible that your license was incorrectly listed as suspended or the officer ran the wrong person’s name and information during the traffic stop. If your defense attorney can show that you held a valid driver’s license during the traffic stop, the charge should be dismissed.
You Had No Knowledge of the Suspension
One of the essential elements of the charge is that the defendant has knowledge of the suspension. You have a possible defense if you did not know your license was suspended or revoked. The prosecutor must show you were adequately notified of the suspension.
You Had an Emergency
Life happens, and unforeseen emergencies can arise. If you had a valid emergency reason for driving with a suspended license, you may be able to seek a dismissal or acquittal. For example, if your child is having a medical emergency and needs to get to the hospital or you are trying to flee a natural disaster, these are valid emergencies.
Is My License Automatically Reinstated?
If you had a suspended, revoked, canceled, denied, or otherwise restricted Colorado driver’s license, you must go through the reinstatement process before legally driving again. Unfortunately, it is not as simple as your suspension ending on January 1st and being able to operate on the road again on January 2nd legally. Once all conditions of your suspension, including payment of all fines and fees, are met, you can visit the DMV to begin the reinstatement process.
Colorado Driving While Suspended Defense Attorney
If you are given a ticket for driving while suspended, do not simply accept it and plead guilty. You have the right to investigate possible defenses. For the last 24 years, Mark S. Rubinstein, P.C., has been advocating for and defending the rights of Colorado residents facing driving while suspended charges. Contact us today to schedule a confidential consultation.
