Driving Under Restraint

Colorado Driving Under Restraint Attorneys

A conviction for driving under restraint can result in serious penalties, including jail time, fines, and being prevented from getting a driver's license in the future. Driving under restraint means that a driver drove a motor vehicle on a Colorado highway knowing that his or her license or privilege to drive was under restraint. "Restraint" means any denial, revocation, or suspension of a person's license or privilege to drive.

Driving Under Restraint Penalties

A person who drives while their license is under restraint for any reason other than an alcohol-related offense is guilty of a misdemeanor. Upon conviction of this specific misdemeanor, the court may sentence the driver to imprisonment in county jail for not more than six months and may impose a fine of not more than $500.

If a driver is convicted of driving while under restraint due to a non-alcohol related offense for a second time (or more) within 5 years of the first conviction, the driver will be penalized as noted above and will not be eligible to be issued a driver's license for three years after the second conviction.

A person who drives while their license is under restraint due to an alcohol-related offense is also guilty of a misdemeanor. However, upon conviction, the court will sentence the driver to imprisonment in the county jail for at least 30 days but not longer than a year and, in the discretion of the court, impose a fine of at least $500 but no more than $1,000.

Subsequent Offenses

If a person is convicted of driving while their license is under restraint due to an alcohol-related offense for a second (or more) time, the court will sentence the driver to imprisonment in the county jail for at least 90 days but not longer than two years and, in the discretion of the court, impose a fine of at least $500 but not more than $3,000. In addition, if the second (or more) offense occurs within 5 years of the first conviction, the driver will be ineligible to be issued a driver's license for four years after the second conviction.

For Legal Counsel, Contact Jorgensen, Brownell & Pepin, P.C.

Because the penalties for a driving under restraint conviction can be severe, it is important to have a skilled Colorado driving under restraint attorney on your side. Our criminal defense team at Jorgensen, Brownell & Pepin, P.C. can fight your charges and ensure you receive the best outcome possible in your DUI case.