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“Habitual Traffic Offenders” in Colorado – A Legal Guide

In Colorado, committing three or more serious traffic offenses (such as DUI, reckless driving, or driving under restraint) within a span of seven years can get you classified as a habitual traffic offender.

This results in a five-year driver’s license revocation. The revocation does not end automatically after five years: You must satisfy the DMV’s reinstatement requirements before driving again. Motorists who drive while an HTO revocation remains in effect can be charged with DARP – driving after revocation prohibited (C.R.S. 42-2-206).

DARP is a traffic misdemeanor that may carry county jail time. Examples

  • Kyle already has two recent convictions for reckless driving. He gets arrested and convicted for driving under the influence. His license is revoked for being a habitual offender.
  • With his license revoked, Kyle drives again. He gets pulled over and charged with DARP.

In this article, our Denver criminal defense attorneys discuss what you need to know about habitual traffic offenders in Colorado.


1. What is an HTO?

In Colorado, C.R.S. 42-2-202 defines a habitual traffic offender (HTO). You can become an HTO in two ways:

  1. By having too many convictions of major traffic offenses, or
  2. By being assessed too many DMV points.

Once you become an HTO, your license will be revoked.

HTO Due to Traffic Convictions

The Colorado DMV will designate you as an HTO if you rack up three or more convictions in the last seven-year period for any of these offenses:

Certain substantially similar convictions under federal law, another state’s law, or a municipal ordinance can count. This rule applies to DUI, DUI per se, DWAI, reckless driving, driving under restraint, and the offenses listed in subsection 42-2-202(2)(a)(V); it does not apply to every offense in the list.2

The convictions must arise from separate acts. If more than one qualifying offense is committed within a one-day period, the DMV treats those offenses as one for HTO purposes.

HTO Due to DMV Points

The Colorado DMV will designate you as an HTO if, within five years, you have either:

  • 10 or more separate convictions for moving violations carrying four or more points each, or
  • 18 or more separate convictions for moving violations carrying three or fewer points each.

These must be separate convictions arising from separate acts. Multiple qualifying offenses committed within a one-day period count as one. Parking tickets do not count. Although the DMV does not have to warn you whenever points are added to your record, it must provide notice and an opportunity for a hearing before the HTO revocation takes effect.3

You can monitor your record by purchasing a copy from the DMV.

Colorado revoked license, which prohibits the license-holder from driving.
Operating a motor vehicle on a revoked license is a traffic misdemeanor.

2. What is DARP?

Suppose you drive after your license has been revoked due to being a habitual traffic offender. In that case, you can be arrested and charged under C.R.S. 42-2-206. This statute outlaws “driving after revocation prohibited” (DARP).

Note that you face more serious “aggravated DARP” charges if Colorado prosecutors can prove beyond a reasonable doubt the following elements of the crime:

  1. You are an HTO,
  2. You are caught driving on a revoked license, and
  3. You either:

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people designated as habitual traffic offenders. In our experience, the following five defenses have proven very effective with prosecutors and judges in getting traffic charges and DARP cases dropped.

1) There Are Errors on Your DMV Record

It is no surprise that large bureaucracies, such as the DMV, make mistakes. We have seen many people’s driving records that were riddled with errors. Prosecutors rely on DMV records to show that you are a habitual traffic offender. However, once we present evidence that the record is incorrect and that you are not an HTO, that could prevent a license revocation. 5

2) You Were Not the One Driving the Vehicle

We have seen cases in which police pull over the wrong car and arrest the wrong driver for a traffic offense. This is not uncommon on busy, fast city roads, where many vehicles look alike.

Using traffic surveillance video and GPS records, we can demonstrate to the prosecutor that you are a victim of mistaken identity. This would not only get your traffic charge dismissed but also would moot any HTO designation and DARP charge.

3) An Emergency May Reduce the Sentence

An emergency is not a legal defense to DARP and does not erase the crime. However, a judge may consider a genuine emergency when deciding the sentence.

An example of a situation that is not severe enough to be an emergency is an HTO driving to the pharmacy to pick up medicine for his wife.6 However, it might be a genuine emergency if the HTO was driving his wife to the hospital, and there were no ambulances available.

In our experience, emergency circumstances will not result in an acquittal, but they may help reduce the severity of the sentence.7

4) The Traffic Charge Was Unfounded

A pending traffic charge does not count toward HTO status unless it results in a qualifying conviction. If we successfully defeat a charge that would otherwise become the third qualifying conviction, the DMV may lack the record needed to designate you as an HTO. Typical evidence we rely on includes traffic surveillance footage, GPS records, and eyewitness accounts.

5) You Did Not Have a Lawyer During an Earlier Traffic Conviction

An earlier conviction that resulted in jail or a suspended jail sentence may be constitutionally invalid if you had no lawyer and did not validly waive your right to one. However, the absence of counsel does not automatically invalidate every prior traffic conviction.

A DMV hearing generally is limited to whether the driving record establishes HTO status; it is not the place to decide a constitutional attack on an earlier conviction. In a later DARP prosecution, however, an invalid uncounseled conviction may be challenged if it was essential to the HTO finding used to support the charge.8

Graphic that shows DARP defenses in Colorado, such as you were not driving

4. Penalties

DARP is a class 2 traffic misdemeanor. The special mandatory minimum is 30 days in county jail, a $3,000 fine, or both. The court cannot sentence a person convicted of DARP to probation.

The court may suspend some or all of the mandatory jail sentence or fine if you successfully complete 40 to 300 hours of community service (called “useful public service”). After successful completion, the court must vacate the suspended portion. If you fail or refuse to complete the service, the court must impose the required jail sentence, fine, or both.

Aggravated DARP is a class 1 traffic misdemeanor with a mandatory minimum sentence of 60 days in county jail and a maximum sentence of 12 months. The judge can also order fines of $300 to $1,000.9

Vehicle Impoundments

In Denver, vehicles involved in habitual traffic offenses are considered a public nuisance. This means the City Attorney can file a civil case to impound and seize them. Once the court issues a Temporary Restraining Order on your vehicle, you can negotiate with the City.

Attorney to get your car back; alternatively, you can go to court to contest the impoundment.10

5. Related Crimes

Careless driving (C.R.S. 42-4-1402) prohibits driving without the proper regard for the road. It is less severe than reckless driving. Prosecutors can file reckless and careless driving charges together based on the same conduct.

Reckless endangerment (C.R.S. 18-3-208) prohibits conduct that puts someone at risk of harm. Prosecutors can file these charges alongside charges of eluding police.

Police officer issuing citation, which can lead to being a classified as an habitual traffic offender
Having too many tickets carries consequences under Colorado’s habitual traffic offender law.

6. Frequently Asked Questions

How long does an HTO revocation last in Colorado?

An HTO revocation generally prohibits you from driving for five years from the date of the DMV’s order. Your license does not automatically become valid when the five years end; you must satisfy the DMV’s reinstatement requirements, including any applicable financial-responsibility requirements.

In our experience, people sometimes mistake the end of the five-year period for automatic reinstatement. We tell clients to confirm their status with the DMV and obtain a valid license before driving.

Can I request a hearing before the Colorado DMV declares me an HTO?

Yes. The DMV must give you notice and an opportunity for a hearing under the procedures referenced in C.R.S. 42-2-203. At the hearing, you may dispute whether the DMV record contains the number and types of convictions required by C.R.S. 42-2-202. You may also appeal an adverse agency decision under C.R.S. 42-2-135.

From what we have seen, the most useful hearing evidence often includes certified court records, dismissal orders, and proof that an offense belongs to someone else or does not qualify under the statute. Hardship alone generally does not allow the hearing officer to disregard valid qualifying convictions.

Can I get my license back early after an HTO revocation?

Some alcohol-related HTOs may qualify for early reinstatement with an ignition-interlock-restricted license under C.R.S. 42-2-132.5. The HTO record must include at least one DUI, DUI per se, or DWAI conviction, and the other contributing violations generally may be only driving under restraint or reckless driving. You must also satisfy the applicable reinstatement and financial-responsibility requirements.

We tell clients not to assume that every alcohol-related HTO revocation qualifies. Eligibility depends on the exact convictions and other restraints shown on the DMV record, and an interlock-restricted license does not authorize driving a commercial motor vehicle.

Do out-of-state traffic convictions count toward Colorado HTO status?

Some do. A substantially similar federal, out-of-state, or municipal conviction can count if it falls within a category covered by C.R.S. 42-2-202(2)(b), such as DUI or DWAI, reckless driving, driving under restraint, vehicular assault, vehicular homicide, or motor vehicle theft. The rule does not apply automatically to every offense listed in Colorado’s HTO statute.

In our experience, the name of an out-of-state offense does not settle the issue. We compare the other jurisdiction’s legal elements with Colorado law to determine whether the conviction substantially conforms.

Do several traffic offenses from the same incident count separately?

Not necessarily. Qualifying HTO convictions must arise from separate acts, and multiple included offenses committed within a one-day period are treated as one offense for HTO purposes.

We review the offense dates and underlying incidents rather than simply counting every line on the driving record. Several convictions may stem from one episode and count only once under the HTO statute.

Does a traffic ticket count toward HTO status before I am convicted?

No. HTO status is based on qualifying convictions, not merely arrests, tickets, or pending charges. A judgment for a qualifying traffic infraction can count as a conviction.

This is why we tell clients to consider the possible DMV consequences before resolving a traffic case. A plea that seems minor may become the conviction that triggers a five-year HTO revocation.

Can hardship stop a five-year HTO revocation?

Generally, no. If the DMV record establishes HTO status, the department must impose the revocation and ordinarily cannot shorten it merely because losing your license would affect your job, family, or medical care. A qualifying driver may still pursue early interlock reinstatement under C.R.S. 42-2-132.5.

In our experience, the stronger approach is to examine whether every listed conviction legally qualifies, whether the convictions arose from separate acts, and whether the record contains errors. Personal hardship by itself usually does not defeat an HTO finding.

Additional Resources

For more information, refer to these Colorado DMV website articles:

Legal References:

  1. C.R.S. § 42-2-202 – Habitual offenders.

    (1) An habitual offender is any person, resident or nonresident, who has accumulated convictions for separate and distinct offenses described in subsection (2) of this section committed during a seven-year period or committed during a five-year period for separate and distinct offenses described in subsection (3) of this section; except that, where more than one included offense is committed within a one-day period, such multiple offenses shall be treated for the purposes of this part 2 as one offense. The record as maintained in the office of the department shall be considered prima facie evidence of the said convictions.
    (2) (a) An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years: (I) DUI, DUI per se, or DWAI; (II) Driving a motor vehicle in a reckless manner, in violation of section 42-4-1401; (III) Driving a motor vehicle upon a highway while such person’s license or privilege to drive a motor vehicle has been denied, suspended, or revoked, in violation of section 42-2-138 (1); (IV) Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of such laws; (V) Vehicular assault or vehicular homicide, or manslaughter or criminally negligent homicide which results from the operation of a motor vehicle, or motor vehicle theft, as such offenses are described in title 18; (VI) Conviction of the driver of a motor vehicle involved in any accident involving death or personal injuries for failure to perform the duties required of such person under section 42-4-1601.
    (b) The offenses included in subparagraphs (I), (II), (III), and (V) of paragraph (a) of this subsection (2) shall be deemed to include convictions under any federal law, any law of another state, or any ordinance of a municipality that substantially conforms to the statutory provisions of this state regulating the operation of motor vehicles. For purposes of this paragraph (b), the term “municipality” means any home rule or statutory city or town, a territorial charter city, or a city and county.
    (3) A person is also an habitual offender if such person has ten or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of four or more points each or eighteen or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of three or less points each in the operation of a motor vehicle, which convictions are required to be reported to the department and result in the assessment of points under section 42-2-127, including any violations specified in subsection (2) of this section.
    (4) For the purpose of this section, the term “conviction” has the meaning specified in section 42-2-127 (6) and includes entry of judgment for commission of a traffic infraction as set forth in section 42-4-1701.

  2. C.R.S. § 42-2-202(2)(b), Kramer v. Colorado Department of Revenue (Colo. App. 1998) 964 P.2d 629.
  3. C.R.S. § 42-2-202(3); C.R.S. § 42-2-203; C.R.S. § 42-2-125(3), (4); People v. Hampton (Colo. 1980) 619 P.2d 48.
  4. People v. Wambolt (Colo. App. 2018) 431 P.3d 681.
  5. Hoehl v. Motor Vehicle Division (Colo. App. 1980) 624 P.2d 907 (“A driver’s history record is prima facie evidence of its contents. But where evidence is presented which rebuts the accuracy of any item in plaintiff’s driving record, there is a fact question to be resolved by the hearing officer”).
  6. People v. McKnight (Colo. 1980) 617 P.2d 1178 (“Existence of an emergency does not affect the criminality of the conduct of driving in violation of [C.R.S. § 42-2-206]. It does, however, have a substantial effect on the trial court’s discretion in sentencing”).
  7. People v. McKnight, Supra.
  8. People v. Hampton (Colo. 1980) 619 P.2d 48; People v. Roybal (Colo. 1980) 618 P.2d 1121; State v. Laughlin (Colo. 1981) 634 P.2d 49.
  9. Colorado Revised Statutes § 42-2-206(1)(a)(II), (1)(b)(II). Prior to March 1, 2022, DARP was a class 1 misdemeanor, with penalties of 30 days to 18 months in jail and/or $3,000 to $5,000 in fines. Aggravated DARP carried $3,000 to $5,000 in fines, and 60 days to 18 months of jail time. SB21-271.
  10. Denver Municipal Code 37-50(c)(17). Prosecution and Enforcement, City of Denver.

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