“Driving Without a License” – Colorado Law – § 42-2-101 CRS

Under CRS § 42-2-101, driving in Colorado without a license or permit is a class A traffic infraction. This carries

• $15 to $100 in fines plus
• a surcharge and possibly DMV points.

A second conviction automatically causes six points to go on your driving record. If you simply forgot to bring your license with you – or if it has expired for less than a year – then driving without a license is a class B traffic infraction, carrying $15 to $100 in fines, a surcharge, and no DMV points. Your case should get dropped if you can show the judge by your next court date that you have a current and valid license. Traffic infractions are not crimes and, therefore, carry no jail time. However, if you accumulate 12 DMV points within a 12-month period, the DMV will suspend your license for six to 12 months. However, you are entitled to a hearing to contest the suspension. In this article, our Denver criminal defense lawyers will address the following key topics regarding driving without a license laws in Colorado.

• 1. Elements
• 2. Wrong Vehicle Class
• 3. Forgetting Your License
• 4. Recently Expired License
• 5. When Licenses Are Unnecessary
• 6. Trouble Getting a License
• 7. Undocumented Immigrants
• 8. Defenses
• Additional Reading

1. Elements

Driving without a license means just that: You are operating a motor vehicle without a current and valid license, either because:

• you left it at home,
• you never got one in the first place, or
• you never renewed your old one.

This offense carries fines but no jail time.¹ Driving under restraint (DUR) is a different, more serious offense. It means you are driving without a license because your old one has been revoked or suspended. If the restraint was for an alcohol- or drug-related offense like DUI, the consequences include mandatory jail time,² The following table compares the elements and penalties for driving without a license and DUR.

Colorado Offense	Elements	First-Offense Penalties	Delay to Get New License
Driving without a license (CRS 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Driving under restraint (CRS 42-2-138)	Driving after your license has been revoked or suspended	Class 2 traffic misdemeanor if your license was revoked due to drunk driving:  10 to 90 days in jail and $150 to $300.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

See our related article, Driving without Registration in Colorado – What is the Penalty?

2. Wrong Vehicle Class

It is also a CRS 42-2-101 violation when your license does not match your vehicle type or class.³ Vehicles that require a special Colorado driver’s license include:

• Motorcycles and
• Commercial vehicles which:
  • Have a gross vehicle weight rating (GVWR) of 26,001 pounds or more, or
  • Are designed to transport 16 or more passengers (including the driver), or
  • Are transporting hazardous materials.

3. Forgetting Your License

Many drivers forget their licenses at home. As long as you have a current and valid license, Colorado courts should dismiss your CRS 42-2-101 charge if you bring it to your scheduled court appearance.⁴ If you cannot find your license, or if it has been destroyed or stolen, you can renew your license at the DMV or, in some cases, online or by mail. Upon issuance of your new license, your old one will be canceled.

4. Recently Expired License

If your license has expired for less than one year, Colorado courts should dismiss your CRS 42-2-101 charge if you obtain a new license by your scheduled court appearance. Be sure to bring your license to court so you can show it to the prosecutor and judge.⁵

5. When Licenses Are Unnecessary

Below are the scenarios in which it may be lawful to drive in Colorado with a current, valid driver’s license.

It Is an Emergency

You are permitted to drive in Colorado without a current, valid driver’s license if:

• It is necessary to prevent a serious and imminent injury, and
• The injury was not caused by your driving.⁶

However, the burden is on you to establish that there was an emergency serious enough to justify your driving without a license.⁷

You Have an Out-of-State License

If you have recently become a Colorado resident, your out-of-state license is good for 30 days after you become a resident.⁸ If you are a temporary visitor, you do not need a Colorado driver’s license if:

• You are a non-resident,
• You are at least 16 years old, and
• You have in your immediate possession a valid driver’s license issued by your state or country of residence.

If your state or country of residence does not require a driver’s license, you may drive for up to 90 days per calendar year in Colorado if:

• You own the vehicle,
• The vehicle is registered in your home state or country, and
• You have in your immediate possession a registration card showing such ownership and registration.⁹

If you are a non-resident student, you may also drive in Colorado if:

• You are at least 16 years old,
• You are temporarily residing in Colorado for the principal purpose of furthering your education,
• You have a valid driver’s license from your home state, and
• You are considered a non-resident for tuition purposes by your school.

You Are Military Personnel

If you are a current member of the U.S. military, you may drive without a license in Colorado if:

• You are operating a federally owned military motor vehicle while serving in the U.S. armed forces,¹⁰ or,
• You are a non-resident on active duty in the U.S. armed forces, and you have in your possession a valid driver’s license issued by your home state,¹¹ or
• You have a valid license issued by the U.S. armed forces in another country, and it has been fewer than 45 days since your return from duty outside the U.S.¹²

If you are married to a member of the U.S. armed forces, you may drive without a license in Colorado if:

• You are accompanying your spouse on a military or naval assignment in Colorado, and
• You have a current valid driver’s license issued by another state and are not otherwise prohibited from driving in Colorado.¹³

You Are Driving Farm Equipment

You do not need a driver’s license in Colorado to drive or operate temporarily a

• Road machine,
• Farm tractor, or
• Other implements of husbandry.¹⁴

6. Trouble Getting a License

If you have been convicted of driving without a license in Colorado within the last 36 months, and then you apply for one, the Colorado DMV can delay issuing it to you for 12 months. However, you have the right to a hearing to contest this denial.¹⁵ In practice, the DMV will usually grant you a license unless you have a long history of traffic violations.

7. Undocumented Immigrants

The Colorado Road and Community Safety Act – CO-RCSA SB251 – allows undocumented and temporary immigrants to obtain a Colorado driver’s license. If you are a temporary resident, you may obtain a driver’s license at any Colorado DMV license office. If you are unable to prove lawful residency at all, you must apply in person at one of the following DMV locations:

• Denver Central – 1865 W. Mississippi Ave., Suite C, Denver
• Grand Junction – 222 S. 6th St., #111, Grand Junction
• Colorado Springs – 2447 N. Union Blvd., Colorado Springs

8. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with driver’s license offenses, including driving without a license. In our experience, the following six defenses have proven very effective with prosecutors and judges.

1. You had a valid license but forgot to bring it with you.
2. Your license was lost, stolen or destroyed.
3. Your license had only recently expired, and you renewed it after you were ticketed.
4. Your truck was below the weight limit requiring you obtain a Colorado commercial driver’s license (CDL).
5. You only drove because it was a genuine emergency.
6. You were not required to have a license because:
   • You are an active member of the military,
   • You had a valid out-of-state license and were just visiting Colorado,
   • You just moved to Colorado and had an out-of-state license, or
   • You were temporarily driving farm equipment.

Additional Reading

Find helpful information from the Colorado Department of Motor Vehicles website:

• Reinstatements – Overview of how to reinstate your license.
• Appointment Scheduling – Make an appointment with your local DMV office online.
• Driver’s License Office Locations – Addresses, telephone numbers and hours.
• Application for Reinstatement – Instructions, form, and fee information.
• Identification Checklist – What to bring to the DMV.

Arrested in Nevada? See our article on Nevada laws for driving without a license.

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