In Colorado, driving on a suspended license is generally a class A traffic infraction punishable by
- $15 to $100 in fines but
- no actual jail time.
However, if your suspension was due to a DUI, then you can be charged with a class 2 misdemeanor traffic offense that carries
- 10 days to 90 days of jail and
- $150 to $300 in fines.
In this article, our Denver Colorado criminal defense attorneys discuss:
- 1. What happens if you drive on a suspended license in Colorado?
- 2. Is this a misdemeanor in Colorado?
- 3. How do I fight C.R.S. 42-2-138 charges?
- 4. Driving Without a License
- 5. How to Handle Reinstatement
1. What happens if you drive on a suspended license in Colorado?
People pulled over for driving on a suspended license in Colorado get issued a citation. It does not matter whether the driver was driving safely and committed no other traffic violations. Note that people can still get charged with violating C.R.S. § 42-2-138 whether they drive with a suspended Colorado driver’s license or a suspended license from another state. The Colorado DMV (officially called the Department of Revenue’s Division of Motor Vehicles) recognizes the driver’s license
- suspensions,
- revocations, and
- cancellations of non-residents.
The legal terms for driving on a suspended license are
- “driving under suspension (DUS)” or
- “driving under restraint (DUR)”.1
See our related article on DUR charges.
2. Is this a misdemeanor in Colorado?
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 first-time offense carries:
- 10 days to 90 days in jail, and
- $150 to $300 in fines, and
- An extra year before the defendant can get a license reinstatement.
If, within the next five years, the defendant commits a subsequent offense of driving on a license suspended due to DUI, DWAI, or UDD, then the penalties get harsher:
- 10 days to 90 days of jail time, and
- $500 to $3,000, and
- Four more years before the defendant can get a new license.
Meanwhile, driving on a license that has been suspended for non-drunk-driving-related reasons (such as having too many DMV points on your driving record) constitutes a class A traffic infraction, punishable by a fine of $15 to $100. A first offense carries a one-year extension of the driver’s license suspension. A subsequent conviction within five years of the first carries a three-year extension of the driver’s license suspension. There is no possible jail sentence. Note that it is only a class A traffic infraction in the state of Colorado to drive on a license that has been suspended due to having an outstanding judgment. The penalties include
- $15 to $100 in fines and
- 3 DMV points, whether for a first- or subsequent conviction.
There is no possible jail sentence.2 See our related article, What if I’m caught driving on a suspended license in Colorado?
3. How do I fight C.R.S. 42-2-138 charges?
There are three common defenses to Colorado charges of driving with a suspended or revoked license:- No suspension. The DMV and police make errors frequently. Perhaps the defendant’s license was wrongly listed as suspended, or maybe the police officer ran the wrong person’s name at the traffic stop. If the defense lawyer can show that the defendant had a valid driver’s license when he/she was cited, then the district attorney should dismiss the charges.
- Emergency. When a person drives on a suspended license for valid emergency reasons, then prosecutors are likely to drop the charges. Examples of qualifying emergencies include escaping a tornado or transporting someone to the hospital when no ambulances are available.
- No knowledge. Under Colorado law, an element in “driving under restraint” cases is that the defendant knew of the license revocation or suspension. If the defense attorney can show that the defendant was never notified of the suspension, then the D.A. should drop the charges.3
4. Driving Without a License
In Colorado, driving without a license is a separate offense from driving with a suspended or revoked license. Driving without a license comprises driving:- without having gotten a license,
- with a recently expired license, or
- having left your license at home.
| Colorado Offense | Elements | First-Offense Penalties | Delay to Get New License |
| Driving without a license (C.R.S. 42-2-102) | Driving without a current and valid license | Traffic infraction: $15 to $100, a surcharge, and DMV points in certain cases. | Possibly 12 months |
| Driving under restraint (C.R.S. 42-2-138) | Driving after your license has been revoked or suspended | Class 2 traffic misdemeanor if your license was revoked due to drunk driving: 10 to 90 days in jail and $150 to $300. Otherwise, a class A traffic infraction: $15 to $100, a surcharge, and DMV points in certain cases. | 12 months |
5. How to Handle Reinstatement
Once you are eligible to get your Colorado driver’s license back, the quickest way to reinstate it is by going online at mydmv.colorado.gov and filling out the requested information. The reinstatement fee is $95.
Following a DUI, you will be asked to provide the name of the company that supplied your interlock ignition device (IID). You must also upload proof of SR22 insurance.
If you prefer, you can reinstate your license by mail or in person by filling out the paper application. If you go to the DMV in person, make an appointment ahead of time.
Learn more in our article on how to reinstate a suspended driver’s license in Colorado.
See our related articles on reckless driving (C.R.S. 42-4-1401), habitual traffic offenders, traffic ticket infractions, vehicular homicide (C.R.S. 18-3-106), and DUI per se (driving under the influence with a BAC of 0.08% or higher).
Legal References
- Colorado Revised Statute 42-2-138; People v. Wambolt, (2018) 2018 COA 88, 431 P.3d 681.
- C.R.S. 42-2-138; see also Colo. Dept. of Rev. v. Garner, (Colo. 2003) 66 P.3d 106. Prior to March 1, 2022, DUI-related DUR was a misdemeanor. A first-time offense carried 30 days to 1 year in jail and $500 to $1,000 in fines. A second-time offense carried 90 days to 2 years in jail and $500 to $3,000 in fines. And non-DUI related DUR was also a misdemeanor that carried up to $500 and/or 6 months in jail. SB21-271.
- Jolly v. People, (Colo. 1987) 742 P.2d 891; People v. Ellison, (Colo. 2000) 14 P.3d 1034.