If you’ve been cited in Greeley or elsewhere in Weld County for driving on a suspended license, you may have heard the terms “Driving Under Suspension” (DUS) and “Driving Under Restraint” (DUR) used almost interchangeably. In Colorado, these terms actually fall under a single statute, but the distinction between them matters a great deal when it comes to potential penalties.
Greeley Driving on a Suspended License Attorney: One Statute, Two Very Different Outcomes
Colorado Revised Statute § 42-2-138 governs what the law calls “driving under restraint,” which covers operating a vehicle while a license or driving privilege is suspended, revoked, denied, or otherwise restrained, for any reason and regardless of which state issued the license. The term “restraint” is broad and includes everything from accumulating too many DMV points, unpaid tickets, or a lapsed insurance policy, to a prior alcohol-related revocation.
Driving Under Restraint Vs. Driving Under Restraint: Weld County Traffic Attorney Explains
In everyday use, “Driving Under Suspension” typically refers to the more common, lower-level version of this offense, where the underlying restraint has nothing to do with alcohol. This type of case is generally treated as a civil traffic infraction rather than a criminal charge, carrying a modest fine and an extension of the suspension period.
By contrast, when people say “Driving Under Restraint,” they’re often referring to the more serious version of the offense, where the underlying suspension or revocation stems from a DUI, DWAI, or another alcohol-related driving violation. That version remains a criminal offense, a class 2 misdemeanor, and carries a mandatory minimum jail sentence along with additional consequences for the person’s driving privileges going forward.
Lawyer for Driving Under Restraint in Windsor: Why the Underlying Reason for the Charge Matters
Because the classification and penalties depend heavily on why the license was restrained in the first place, it’s important to understand exactly what triggered the suspension before assuming how a new charge will be treated. A citation that looks routine on the surface can carry very different consequences depending on that underlying history.
Charged with Driving Under Restraint in Greeley? Talk to an Attorney
If you’ve been cited for driving on a suspended or restrained license in Weld County, the specifics of your driving record can significantly affect how the case is handled. Contact our office to review your citation and driving history and to understand what you’re facing.
If you’ve been charged with Driving Under Restraint, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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