Denver Driving Under Suspension Lawyer | Driving Under Restraint

Wolf Law is proud to serve Denver and surrounding communities, including Aurora and Lakewood, and driving under restraint is one of the most common charges we see, yet also one of the most misunderstood. Many people do not realize how much the penalties can vary depending on why their license was suspended in the first place.

Colorado law treats a suspension tied to alcohol or drugs very differently than a suspension for unpaid tickets or accumulated points. What might seem like a minor traffic matter can quickly become a criminal case with the possibility of jail time, especially for a second offense or for someone approaching habitual traffic offender status.

Below, our team at Wolf Law explains how driving under restraint charges work in Colorado, what penalties may apply, and how an excellent criminal defense attorney can help protect your rights and your driving privileges.

Understanding Driving Under Restraint Charges in Colorado

Driving under restraint, sometimes called driving under suspension, occurs when a person operates a vehicle while their license is suspended, revoked, denied, or otherwise restrained. This applies whether the license was issued in Colorado or another state, and it applies regardless of whether the person believed the restriction had already ended.

Not every DUR charge carries the same weight. When the underlying suspension has nothing to do with alcohol or drugs, the offense is generally treated as a traffic infraction with a modest fine. When the suspension or revocation stems from a DUI or DWAI, the charge becomes far more serious and can result in an actual criminal conviction rather than a simple ticket.

What You Need to Know About Colorado’s DUR Penalties

For a suspension unrelated to alcohol or drugs, driving under restraint typically results in a fine and a possible extension of the suspension period. It is treated as a traffic infraction rather than a criminal offense.

When the suspension or revocation was alcohol or drug related, the consequences increase substantially. A first offense can bring jail time, higher fines, and an additional year added to the license suspension. A second offense within five years can bring a longer jail exposure, significantly higher fines, and years added to the suspension. In these DUI-related cases, the charge becomes a misdemeanor traffic offense rather than a simple infraction. Colorado’s traffic misdemeanor structure mirrors the general misdemeanor structure, with only two classes rather than three.

Key Legal Differences: Standard Suspension vs. Alcohol-Related Suspension

The reason behind a license suspension changes almost everything about how a DUR case is handled.

Classification: A standard suspension charge is treated as a traffic infraction, while an alcohol or drug related suspension charge is treated as a criminal misdemeanor offense.
Potential Penalties: A standard infraction typically results in a fine, while an alcohol related charge can result in jail time in addition to fines.
Burden of Proof: In either case, the prosecution must prove beyond a reasonable doubt that the person knew, or should have known, that their license was restrained at the time they drove.
Habitual Offender Risk: Repeated violations within a seven year period can lead to a habitual traffic offender designation, which carries its own extended suspension and potential jail exposure.

If your license was suspended for a DUI or DWAI and you are now facing a new DUR charge, do not wait to get legal help. Wolf Law offers free consultations to help you understand what you are facing. Call 720.479.8574 today to speak with our legal team.

Common Examples We See Across the Denver Metro Area

DUR and DUS charges arise from a wide range of situations throughout the Denver area.

The Unpaid Ticket Suspension: A driver in Denver whose license was suspended after unpaid traffic tickets accumulated without their knowledge.
The Point Suspension: A driver in Aurora who lost their license after accumulating too many points and did not realize the suspension had already taken effect.
The DUI-Related Revocation: A driver in Lakewood who was pulled over again while still serving a suspension tied to an earlier DUI conviction.
The Notification Dispute: A driver stopped along I-25 or Colfax who never received formal notice from the Department of Motor Vehicles that their license had been restrained.

Mistakes to Avoid If You Are Charged With DUR or DUS

Certain missteps can make these cases more difficult than they need to be.

Assuming a Suspension Has Ended: Suspensions often extend longer than expected, and driving too soon can lead to a new charge.
Ignoring DMV Notices: Failing to open or respond to mail from the Department of Motor Vehicles can result in a suspension a driver does not know about.
Talking to Police Without Counsel: Statements made during a traffic stop can be used later, particularly in cases involving an alcohol related suspension.
Missing a Court Date: Failing to appear, including at a bond hearing in an alcohol related case, can result in a warrant and additional charges.

Attorneys and Partners Jeff Wolf and Colleen Kelley

Wolf Law represents clients across Colorado with a criminal defense focus, and driving under restraint cases are among the matters our attorneys handle regularly. Attorneys and Partners Jeff Wolf and Colleen Kelley lead the firm’s defense team, and both bring decades of trial experience, rigorous case preparation, and sharp legal analysis to every case they take on. Both attorneys are known for their national media presence, including commentary on Court TV and Law & Crime, and both apply that same courtroom skill to DUI, DWAI, drug charges, and every other case type the firm handles. Wolf Law’s collaborative approach means clients are guided through every stage of the process, from the initial consultation through resolution of the case. Jeff Wolf and Colleen Kelley believe that protecting a client’s driving privileges requires the same preparation and strategy as any other criminal matter.

How to Know When You Should Contact a Lawyer for a DUR or DUS Charge

Anyone charged with driving under restraint should speak with an attorney, especially if the underlying suspension was tied to a DUI or DWAI, or if this is not the first such charge. An attorney can review whether proper notice of the suspension was given, whether the DMV records are accurate, and whether an emergency or mistaken identity defense may apply.

Legal representation also matters when jail time is a possibility. In Colorado, nearly everyone facing charges, aside from first degree murder, is eligible for bond, and the real issue is typically the ability to pay rather than qualification for release. Having skilled counsel early can help address bond conditions and begin building a defense before the case moves further.

Approaching habitual traffic offender status can mean years of lost driving privileges, so do not treat a new DUR charge lightly. Wolf Law offers free consultations for anyone facing this type of charge in Denver, Aurora, Lakewood, or elsewhere in Colorado. Call 720.479.8574 to speak with our attorneys.

Frequently Asked Questions About Driving Under Restraint in Colorado

Is driving under restraint always a criminal charge?

No, when the underlying suspension is unrelated to alcohol or drugs, it is generally treated as a traffic infraction rather than a criminal offense.

What happens if my suspension was related to a DUI?

The charge becomes a misdemeanor traffic offense that can carry jail time, higher fines, and an extended suspension period.

Can I be charged if I did not know my license was suspended?

The prosecution must prove you knew or should have known about the restraint, which can be a meaningful point of defense.

What is a habitual traffic offender?

It is a designation that applies after multiple qualifying violations within a seven year period and carries an extended loss of driving privileges.

Contact Wolf Law Today for Your Free Consultation

A driving under restraint charge can affect your ability to work, your finances, and your freedom, particularly when the underlying suspension involved alcohol or drugs. If you are facing charges in Denver, Aurora, Lakewood, or anywhere across Colorado, do not wait to get legal guidance.

Wolf Law offers free consultations to help you understand your options from day one. Call Wolf Law today at 720.479.8574 to speak with our legal team about your case. Your defense starts with a single call, and our attorneys are ready to help you build the strongest possible strategy.

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Driving Under Suspension (DUR/DUS) Lawyer in Denver, Colorado