Driving on a revoked or suspended license in Colorado: why it can turn one case into two

Driving while your Colorado license is revoked, suspended or otherwise restrained is a crime of its own, separate from whatever caused the restraint. Colorado calls it driving under restraint, and it's charged under C.R.S. 42-2-138. Someone who drives to a holiday dinner on a DUI revocation can come home with a second criminal case, more time without a license, and new trouble in the first case.

What driving would risk depends on why your license is restrained. Find your situation below.

Check your actual license status first

A lot of people misjudge where they stand. Some assume a revocation ended because the date on a letter passed. In Colorado, a restrained license generally doesn't come back on its own. You have to reinstate it with the Colorado DMV, which can involve a reinstatement fee, proof of insurance (often an SR-22 filing) and other requirements tied to your case. Until the DMV shows your privilege as valid, driving can still be driving under restraint.

Others don't realize they were suspended at all because the notice went to an old address. The prosecution generally has to prove you knew about the restraint, and a DMV notice mailed to the address on file is commonly used to prove it. That's one reason to keep your address current with the DMV. You can check your status through the Colorado DMV's online services or by contacting the DMV directly.

If your license was revoked after a DUI arrest or conviction

This is the situation with the most at stake. When the restraint is based on an alcohol-related offense, such as a DUI conviction or a revocation for refusing or failing a breath or blood test, Colorado treats driving under restraint more harshly than the ordinary version. It's often called alcohol-related DUR, and the judge has less room on sentencing than in a regular DUR case.

This applies to an administrative revocation from the DMV, not only to a revocation after a conviction. If the DMV revoked your license through the express consent process, you're under restraint even while the criminal DUI case is still open.

That's where one case turns into two. If your DUI case is pending, your bond conditions almost certainly require you not to commit new offenses. A new driving charge can give the prosecution grounds to ask the judge to revoke or tighten your bond in the DUI case. If you're on probation for a DUI, a new charge can be filed as a probation violation. Either way, the new case can make the original one harder to resolve.

Convictions also stack up over time. Colorado's habitual traffic offender law can revoke a license for years after a certain number of serious traffic convictions within a set period, and both DUI and driving under restraint count toward it. Driving after a habitual traffic offender revocation is a separate and more serious charge, and it becomes a felony when it happens alongside certain other offenses, such as DUI.

The legal route back is often better than people expect. Many drivers revoked after a DUI can get back on the road early with a restricted license that requires an ignition interlock in the car. Whether you qualify, and how soon, depends on the type of revocation, whether you refused testing and your prior record. If your arrest was recent, there's also a short deadline to act: you generally have seven days from the date you were served with the notice of revocation to request the DMV express consent hearing, which is your chance to challenge the revocation itself.

If your license was suspended for points

Point suspensions happen when you collect too many points on your driving record within a set period. The thresholds are lower for younger drivers. For drivers 21 and older, 12 points in 12 months or 18 points in 24 months triggers a suspension.

Driving on a point suspension is driving under restraint without the alcohol-related enhancement. It's still a criminal traffic offense, not a ticket you can pay by mail, and it means a court date. A conviction can also lead the DMV to extend the time you're without a license, and any moving violation from the same stop can add more points.

The better option is usually a probationary license. Colorado lets some drivers facing a point suspension request a hearing and ask for a license that allows limited driving, such as to and from work. Whether you get one depends on your record and the hearing officer. The request has a deadline, so read your suspension notice closely.

If your license is restrained for another reason

Colorado can also restrain a license for reasons that have nothing to do with how you drive, such as unpaid traffic tickets, a missed traffic court date or unpaid child support. Driving on any of these is the same driving under restraint charge, without the alcohol-related enhancement.

These restraints are often the quickest to clear. Paying a judgment, appearing in court or working out an arrangement with child support enforcement can lead to reinstatement, sometimes faster than people expect. That makes driving on one an especially poor trade. If the restraint came from a missed court date, there may also be a warrant, so an ordinary traffic stop could end in an arrest.

Getting to holiday plans without driving

For one trip, the practical answers are usually simple: ride with family, take a flight, bus or train, or use a rideshare. If someone offers to let you drive part of the way on a long highway trip, the answer is still no. A highway stop for a burned-out taillight is enough to start a new case.

If you've already been charged

Don't drive yourself to court. Gather any DMV letters, reinstatement paperwork and your summons, and keep them together. Driving under restraint is one of the traffic offenses that are crimes in Colorado, and the details matter: whether the DMV's records were accurate on the date you were stopped, whether you actually received notice, and whether the stop itself was lawful.

Will Frankfurt has defended criminal cases in Colorado for 28 years, with most of his work in DUI and misdemeanor defense, so he regularly sees driving under restraint charges alongside the DUI cases that caused them. If you're facing one, or you're unsure whether you can legally drive this holiday season, you can call or text the office at (720) 371-3101 for a free consultation, any time of day.