Vail Attorney for Driving Under Restraint

vail-mountain-roadIf you’ve received a driving under restraint (DUR) charge in Eagle County, here are the steps you must take:

  1. Contact an Experienced Colorado DUR Attorney Immediately. Contacting a Colorado DUI attorney who serves Vail and the surround region will help alleviate some of your stress. Your lawyer will be familiar with the Colorado Revised Statutes section 42-2-138 – the Colorado laws dealing with DURs and your lawyer will know how to best handle your situation.
  2. Discuss the Facts with Your DUR Lawyer. It will be important for you to work with your DUR attorney to build a strong defense against your DUR charges. For instance, facts might exist that prove you are not guilty of a DUR. For instance, you may have had no knowledge, nor a reason to know, that your driver’s license was under restraint at the time of your DUR charges. Similarly, there may be facts that mitigate your offense. For example, the penalties associated with a DUR can be made less severe if it can be shown that you drove because it was an emergency.
  3. Build Your Defense. Your lawyer will know what steps are necessary to build your strongest possible defense in light of the facts of your case. Your DUR lawyer will also be familiar with the notice and legal time frame requirements for handling your case.

If you’re from outside of Eagle County, you likely don’t have the time or energy to deal with this. Call us, and we’ll deal with it for you.

An Overview of Colorado Driving Under Restraint Laws

A person’s license is considered to be under restraint when his or her driver’s license has been:

When a person’s license is under restraint, he or she is not permitted to knowingly operate a motor vehicle and doing so is a violation of Colorado law that results in a driving under restraint charge. In order to be convicted of a DUR charge, it must be shown that the driver knew his or her license was under restraint. This “knowledge” can be demonstrated by an actual knowledge of the driver, i.e., the driver had been served some sort of documentation concerning the restraint, or that the driver had knowledge of the circumstances that should have placed him or her on notice that his or her license was under restraint, i.e., the driver knows that he or she has a number of unpaid traffic tickets.

Potential Consequences for Driving Under Restraint in Colorado

The potential consequences for a driving under restraint conviction in Colorado can vary based on whether alcohol played a factor in the restrain being placed on your license in the first place. Penalties are also more severe when the driver is a repeat offender.

When Alcohol Played a Role in the Restraint. When a driver’s license restraint is alcohol related, the severity of the consequences of driving under restraint for a first offense include a mandatory jail sentence of 30 days to a year, a fine ranging from $500-$1,000 dollars, with no chance of probation or a suspended sentence unless the driver can prove that he or she drove due to an emergency while under a restraint. In home detention might be possible, based on the circumstances.

A second or subsequent DUR offense can result in a mandatory jail sentence of 90 days to 2 years of imprisonment, a fine of $500-$3,000 dollars, with no chance of probation or a suspended sentence unless the driver can prove that he or she drove under a restraint. In home detention and work release programs might be possible, based on the circumstances. Additionally, a repeat offender convicted of DUR will be ineligible for a license for 4 years if the repeat offense took place within 5 years of the previous offense.

When Alcohol Was Not A Factor in the Restraint. If the driver’s license restrain did not involve alcohol, then the consequences for a DUR are less serious. For a first time DUR offense, the penalties include the possibility of a jail sentence of up to 6 months in county jail and a fine of up to $500 dollars. In home detention might be possible, based on the circumstances. Furthermore, the driver will not be eligible for a Colorado driver’s license for an additional year after the restraint on the driver’s license is to be lifted.

A second or subsequent DUR offense can result in any of the same penalties as a first time DUR offense, and additionally, a repeat offender convicted of DUR will not be eligible for a Colorado driver’s license for an additional three years after the restraint on the driver’s license is to be lifted.
 

Don’t wait. We can help you get your DUR charges resolved so your can get back to what matters.

 
If you’re from outside of Eagle County, you likely don’t have the time or energy to deal with this. Call us, and we’ll deal with it for you.