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.

Featured Blogs

Certifications

Testimonials

DUI Savior

Mr. Jeff Wolf is truly the best of his kind. He was able to help me out during a DUI case reducing my charges down to the best possible outcome. What could’ve been a worst case circumstance, Mr. Wolf turned into best case scenario through his knowledge and expertise with ease. Mr. Wolf provided me with guidance and insight and there is no one else I would’ve rather had in my corner advocating on my behalf. He is the best lawyer out there who is a straight shooter and an incredible mentor. I am lucky to have had him represent me. He is thorough, knowledgeable, hard working and extremely trustworthy. I owe him all of my gratitude for getting me through this.

— S. Martinez

Professional. Attentive. Experienced. Successful.

I was referred to Jeff by one of my friends who was recently represented by Wolf Law in his DUI case; I will be forever grateful for that recommendation. Jeff made this extremely stressful process feel much more manageable from start to finish. He was always responsive and highly communicative, even throughout my barrage of anxiety driven questioning. He was a maestro in the courtroom and was able to get me the absolute minimum penalties. He even got certain areas of my very unique case dismissed – saving me thousands of dollars in the process. While I hope I never have to, I will surely be recommending Wolf Law as DUI representation to any of my friends and family in the future.

— Anonymous

Expert Help

I am glad that I was referred to Jeff. His capable counsel turned a really big mess into a straightforward procedure. All my contacts with the entire staff at Wolf Law were outstanding. Jeff was able to explain very complicated proceedings in a way that made sense and allowed me confidence that I was fully prepared. Jeff’s professionalism both inside and outside the courtroom was an immense help during a tough time. Legal troubles are very stressful, and it is important to have someone working for you with the experience and knowledge to be able to help. Jeff provided that and more: never feeling lost in the situation was an added benefit that was priceless. I would highly recommend the team at Wolf Law.

— John B.

Case Dismissed

I met with a probation violation complaint for a DUI in Summit County. I live outside of Colorado, in Boston. I felt hopeless. I felt like my only option was to travel out to Colorado, give myself up and just see what happened. That would have meant jail and thus loss of job and loss of house.

I called Jeff and talked to him about my case. His experience in this area put me at ease. Jeff guided me through everything I needed to do to see this case through. The greatest thing is that I never had to leave home to clear this up. At the end of the day Jeff cleared my case (Case Dismissed) without me ever leaving Boston. Jeff is incredible, and his team is equally amazing.

I can’t thank Wolf Law enough for what they have done for me. I have a new outlook on life thanks to Jeff.

— Matt P.

I Had a Great Outcome in My Case

Jeff Wolf was recommended to me by a colleague I have known since my youth. Accordingly, I met with Jeff. I also met with other attorneys in the Denver area in preparation for my legal issues. I decided to choose Jeff because I had a good feeling about him from the moment I met him and because his ethics and views regarding the vision for his legal practice were aligned with what I hoped for despite having no experience in the legal system previously.

This decision turned out to be one of the the best I have made in my life…literally. I cannot adequately express here how much Jeff’s hard work, determination, knowledge, professionalism, experience, and clear understanding of what I am certain he has a passion for (helping others beyond just being an attorney and defending clients in court) has meant for me. I think he has exceptional skills. I had a great outcome in my case due to the defense Jeff provided in court.

More importantly however, Jeff helped me manage the emotional and professional stress I felt. Jeff reassured me when I most needed reassurance, and ultimately, transform a situation I initially felt was a life changing event into a learning experience that I was able to navigate successfully through his precise and comprehensive guidance. I would recommend Jeff to any member of my family and certainly to anyone to whom his services would apply.

— C. Jackson

Winning the Case

Colleen Kelley came through for me when I thought all else was lost. Colleen worked diligently and kept up the fight; she was able to get the job done, and I’m so appreciative for her work.

— Randy J.

Deferred Sentence, Sealed Record For Pot Possession

In July of 2009 I was charged with possession of marijuana. I contacted Jeff with Wolf Law and worked with him to find my best options. Jeff was very knowledgeable, honest and professional. He worked quickly and effectively to get me a deferred sentence and ultimately seal the record of this infraction. I also had a prior charge that was many years old that was also a deferred sentence. Jeff worked to seal that record in order help maintain my privacy. I now have used this ability to change my field of work and pass a background check with no infractions visible on my record. My life is moving onward and upward due to the help that was provided by Wolf Law. Thank You Jeff!

— John

Domestic Violence Defense

I hired Jeff Wolf to represent me in a domestic violence defense case. The results were excellent. Him and his team are awesome. They handled everything for me. Trust your freedom with Wolf Law!

— - John D.

Good Outcome

Mr. Wolf offered excellent service, fast responses and prompt communication. I was so relieved that he was willing and able to take my case. He and his team are very professional and got me the best possible outcome.

— Brian

Would Highly Recommend

Jeff provided excellent legal advice and guided my situation to a very desirable outcome. He was in frequent contact via phone and email throughout the process, answered all of the questions that I had, and gave me the ability to confidently choose the best outcome for my circumstances. Legal issues are scary, complicated, and stressful but Jeff reduces all those negatives and makes you feel like someone has your back. Would highly recommend his services if you ever find yourself in need of criminal defense.

— Max I.

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