Driving Under Restraint in Parker and Castle Rock
C.R.S. 42-2-138
Driving Under Restraint, C.R.S. 42-2-138, charges occur in Parker and Castle Rock when a person drives knowing their license or privilege to drive is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD. However, Driving Under Restraint charges can also be filed when a person drives knowing their license or privilege to drive is restrained solely or partially because of a conviction of DUI, DUI per se, DWAI, or UDD, or is restrained in another state solely or partially because of an alcohol-related driving offense. The consequences upon a Driving Under Restraint conviction can be life-altering, including possible jail time and in more severe cases, the inability to acquire a driver’s license for a certain amount of time.
Driving Under Restraint – C.R.S. 42-2-138:
(1) (a) Except as provided in subsection (1.5) of this section, any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a misdemeanor.
Penalty for Driving Under Restraint in Douglas County
In Douglas County and throughout Colorado, Driving Under Restraint is a misdemeanor. The penalty for a first offense could be up to 6 month imprisonment in the Douglas County Jail and a fine up to $500.
Second or Subsequent Conviction in Parker, Colorado
If you are convicted two or more times of Driving Under Restraint in Parker within five years after your first conviction, you will also become ineligible to obtain a Colorado drivers license for three years after the most recent conviction.
Driving Under Restraint After a DUI in Lone Tree
If you are caught Driving Under Restraint in Lone Tree due to a DUI, DWAI, DUI per se, or UDD, you will also be charged with a misdemeanor. If convicted, you will be facing anywhere between 30 days and 1 year in jail, and a fine between $500 and $1,000.
Second or Subsequent Conviction After a DUI
The penalties increase with a second or subsequent conviction, with the jail time increases from 90 days to 2 years and the fine will be between $500 and $3,000. You will also be ineligible for a Colorado driver’s license for 4 years after the most recent conviction.
Unless you can prove that your driving was necessary due to an emergency, the minimum jail time for a first, second, or subsequent conviction will be mandatory.
What happens if you refuse to surrender your driver’s license?
If you have been found guilty and refuse to surrender your driver’s license (it does not matter if it is temporary, a permit, or from another state or country), you will be charged with a class 2 misdemeanor traffic offense.
Charged with Driving Under Restraint in Douglas County?
Call us at 303-830-0880
If you are facing charges of Driving Under Restraint in Douglas County, or any other traffic offense, contact the experienced criminal defense lawyers at Sawyer Legal Group today at 303-830-0880. Together, we can protect your future.
42-2-138. Driving under restraint – penalty
(1) (a) Except as provided in subsection (1.5) of this section, any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a misdemeanor. A court may sentence a person convicted of this misdemeanor to imprisonment in the county jail for a period of not more than six months and may impose a fine of not more than five hundred dollars.(b) Upon a second or subsequent conviction under paragraph (a) of this subsection (1) within five years after the first conviction thereunder, in addition to any penalty imposed pursuant to said paragraph (a) of this subsection (1), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver’s or minor driver’s license or extended any driving privilege in this state for a period of three years after such second or subsequent conviction.(c) This subsection (1) shall apply only to violations committed on or after July 1, 1974.(d) (I) A person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or nonresident, is restrained under section 42-2-126 (3), is restrained solely or partially because of a conviction of DUI, DUI per se, DWAI, or UDD, or is restrained in another state solely or partially because of an alcohol-related driving offense is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than thirty days nor more than one year and, in the discretion of the court, by a fine of not less than five hundred dollars nor more than one thousand dollars. Upon a second or subsequent conviction, the person shall be punished by imprisonment in the county jail for not less than ninety days nor more than two years and, in the discretion of the court, by a fine of not less than five hundred dollars nor more than three thousand dollars. The minimum county jail sentence imposed by this subparagraph (I) shall be mandatory, and the court shall not grant probation or a suspended sentence thereof; but, in a case where the defendant is convicted although the defendant established that he or she had to drive the motor vehicle in violation of this subparagraph (I) because of an emergency, the mandatory jail sentence, if any, shall not apply, and, for a first conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than one year and, in the discretion of the court, a fine of not more than one thousand dollars, and, for a second or subsequent conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than two years and, in the discretion of the court, a fine of not more than three thousand dollars.(II) In any trial for a violation of subparagraph (I) of this paragraph (d), a duly authenticated copy of the record of the defendant’s former convictions and judgments for DUI, DUI per se, DWAI, or UDD or an alcohol-related offense committed in another state from any court of record or a certified copy of the record of any denial or revocation of the defendant’s driving privilege under section 42-2-126 (3) from the department shall be prima facie evidence of the convictions, judgments, denials, or revocations and may be used in evidence against the defendant. Identification photographs and fingerprints that are part of the record of the former convictions, judgments, denials, or revocations and the defendant’s incarceration after sentencing for any of the former convictions, judgments, denials, or revocations shall be prima facie evidence of the identity of the defendant and may be used in evidence against the defendant.(e) Upon a second or subsequent conviction under subparagraph (I) of paragraph (d) of this subsection (1) within five years after the first conviction thereunder, in addition to the penalty prescribed in said subparagraph (I), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver’s or minor driver’s license or extended any driving privilege in this state for a period of four years after such second or subsequent conviction.(f) Upon a verdict or judgment of guilt for a violation of paragraph (a) or (d) of this subsection (1), the court shall require the offender to immediately surrender his or her driver’s license, minor driver’s license, provisional driver’s license, temporary driver’s license, or instruction permit issued by this state, another state, or a foreign country. The court shall forward to the department a notice of the verdict or judgment of guilt on the form prescribed by the department, together with the offender’s surrendered license or permit. Any person who violates the provisions of this paragraph (f) by failing to surrender his or her license or permit to the court commits a class 2 misdemeanor traffic offense.(1.5) Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint for an outstanding judgment is guilty of a class A traffic infraction as defined in section 42-4-1701 (3).(2) (a) In a prosecution for a violation of this section, the fact of the restraint may be established by certification that a notice was mailed by first-class mail pursuant to section 42-2-119 (2) to the last-known address of the defendant, or by the delivery of such notice to the last-known address of the defendant, or by personal service of such notice upon the defendant.(b) In a prosecution for a violation of this section, the fact of restraint in another state may be established by certification thatnotice was given in compliance with such state’s law.(2.5) A municipality may enforce violations of subsection (1.5) of this section in municipal court. A municipal court shall not waive or reduce the three-point penalty.(3) The department, upon receiving a record of conviction or accident report of any person for an offense committed while operating a motor vehicle, shall immediately examine its files to determine if the license or operating privilege of such person has been restrained. If it appears that said offense was committed while the license or operating privilege of such person was restrained for a reason other than an outstanding judgment, except as permitted by section 42-2-132.5, the department shall not issue a new license or grant any driving privileges for an additional period of one year after the date such person would otherwise have been entitled to apply for a new license or for reinstatement of a suspended license and shall notify the district attorney in the county where such violation occurred and request prosecution of such person under subsection (1) of this section.(4) For purposes of this section, the following definitions shall apply:(a) “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. “Knowledge” does not mean knowledge of a particular restraint or knowledge of the duration of restraint.(b) “Restraint” or “restrained” means any denial, revocation, or suspension of a person’s license or privilege to drive a motor vehicle in this state or another state.(5) It shall be an affirmative defense to a violation of this section, based upon a restraint in another state, that the driver possessed a valid driver’s license issued subsequent to the restraint that is the basis of the violation.