What is Driving Under Restraint (DUR)?

Categories: Criminal Defense

Stopped by Police

If you have been pulled over and were driving on a suspended or revoked driver’s license, you are driving under restraint (DUR). This is something that should not be taken lightly. In fact, a DUR is a serious charge that can result in severe penalties – including incarceration. While Colorado doesn’t use the mandatory jail time for DURs anymore, judges still impose jail sentences on those caught driving without a valid driver’s license. If you are facing charges or accusations of a DUR, you need to contact a criminal defense attorney as soon as possible to protect your freedom.

Caught Driving on a Suspended or Revoked Driver’s License?

Driving under restraint is a misdemeanor in the state of Colorado. Under Section 42-2-138(1)(a) of the revised Colorado Code, any person who drives a vehicle with knowledge that his or her driver’s license is no longer valid is guilty of a misdemeanor.

In order to obtain a conviction, all the prosecutor needs to show is that you had knowledge that you had a suspended or revoked driver’s license – which is not difficult to prove. In fact, all that a prosecutor would need to show is that your license is invalid. Whether it was revoked due to multiple DUIs or another reason, you would have been notified and made aware that you had a suspended driver’s license.

There are defenses to DURs, however. An attorney can use different legal strategies, including insufficient knowledge or unconstitutional traffic stops, to help defend your charges and possibly have your case dismissed.

What Are the Penalties for a DUR?

The criminal penalties for a DUR will depend on the reason why your driver’s license was suspended or revoked, and whether you have previous DUR convictions on your criminal record. If you have a suspended license for a DUI and have had previous DUR convictions, then you will face harsher penalties than a first-time offender who has his or her license suspended for frivolous reasons. Just some penalties that you could face include:

  1. First Offense – Non-Alcohol Related: In this case, you have a license suspension or revocation that was not due to a conviction for a DUI. This is your first offense under DUR, as well. Therefore, you could face up to six months in jail or up to a $500 fine.
  2. Second or Subsequent Offense – Non-Alcohol Related: This is your second or subsequent DUR, and you did not have a revoked license for an alcohol-related crime. In this case, you could face the same penalties as a first-time offender, but also endure another three years of driving restraint.
  3. First Offense, Alcohol Related: You have been convicted of your first DUR, but your license was revoked because of an alcohol-related offense. In this case, the penalties will be harsher and can include up to 30 days to one year in prison, and up to $1,000 in fines.
  4. Second or Subsequent, Alcohol Related: You have previous DUR convictions on your record and your license was suspended for an alcohol-related offense. In this case, you could face anywhere from 90 days in jail to as much as two years in prison. You could also have four years of ineligibility to obtain a valid driver’s license and up to $3,000 in fines.

Contact Mark S. Rubinstein Today

If you have a Colorado DUR case pending, now is the time to contact a skilled defense attorney. Mark S. Rubinstein, P.C. can assist you with your case. Schedule a free consultation by calling 970-704-0888, or request your consultation online today.