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Driving Under Restraint

Restraint means any:

• Denial (as when a non-resident is denied a Colorado license)
• Revocation (such as for committing an alcohol-related offense)
• Suspension (such as for excessive points, driving without proof of insurance, or failure to appear in court, or failure to pay child support)

Or any combination of denials, revocations, or suspensions. C.R.S. § 42-2-138(4)(b).

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Penalties for DUR in Colorado

Non Alcohol-Related Restraint
First Conviction

• Mandatory minimum sentence of 5 days, up to 6 months imprisonment in county jail
• Fine of $50 to $500.
• **If the driver establishes that he or she drove because of an "emergency," the jail sentence and fine are not mandatory.
• Mandatory minimum jail sentence need not be five consecutive days but may be served during any thirty-day period.
• Alternatives to incarceration, such as in-home detention, are possible but are in the discretion of the court.
• Probation and suspended sentences are not permitted (unless an emergency occurred).
• Not eligible for reinstatement of license for an additional 1 YEAR from the date you had been eligible to get license back

Second or Subsequent Conviction Within 5 Years

• Same penalties as above.
• Probation and suspended sentences are not permitted.
• Not eligible for Colorado driver's license for a period of 3 YEARS after the date of the second or subsequent conviction.
• Alternatives to imprisonment, such as in-home detention, are possible.
• There is an "emergency" exception.

Alcohol-Related Restraint
First Conviction

• Mandatory jail sentence of 30 days to 1 year
• Fine of $500 to $1000
• The mandatory minimum jail sentence shall not apply if the defendant establishes that he or she drove because of an "emergency."
• Probation and suspended sentences are not permitted, unless there was an emergency.
• Alternatives to imprisonment, such as in-home detention, are possible.

Second or Subsequent Conviction

• Mandatory jail sentence of 90 days to 2 years
• Fine of $500 TO $3000
• The mandatory minimum jail sentence shall not apply if the defendant establishes that he or she drove because of an "emergency."
• Not eligible for a driver's license for a period of 4 YEARS after such conviction if the second or subsequent conviction occurred within 5 years of the first DUR conviction.
• Alternatives to imprisonment, such as in-home detention and work release, are possible.
• Probation and suspended sentences are not permitted by statute, unless there was an emergency.