Driving with a suspended license is more than just a traffic violation—it is a criminal charge that can lead to jail time, heavy fines, and additional license revocation. The penalties increase sharply if your license is suspended due to a DUI. Courts treat these cases as willful defiance of a court order, and prosecutors often push for harsher consequences than other license-related offenses.
If you have been stopped while your license is suspended for DUI, you are likely wondering what happens next. Will you go to jail? Can you reinstate your license? Is this considered a criminal offense? Understanding the laws around driving on a suspended license in Colorado helps you prepare for what is ahead and avoid further mistakes that could prolong your suspension or worsen your situation.
Driving on a Suspended License After a DUI
Colorado treats driving on a suspended license—especially when the suspension is due to a DUI—as a criminal matter. This charge falls under a category called Driving Under Restraint (DUR). The penalties are significant because the state assumes you understood the court-ordered restriction and chose to drive anyway.
For a DUI-related suspension, the penalties are even stricter. It is a misdemeanor that carries mandatory jail time and financial penalties. If this is your first offense, the court must impose a minimum 30-day jail sentence, which may not be suspended or replaced with alternative sentencing.
Repeat offenses increase both the minimum and maximum penalties. The court sees the action of choosing to drive as an intentional violation—not a misunderstanding or clerical error. That makes the legal consequences more aggressive than they would be for a typical driving violation.
What Happens If You Get Pulled Over with a Suspended License
If you get pulled over with a suspended license, what happens next largely depends on why your license was suspended in the first place. If the suspension was DUI-related, you can expect:
- Arrest at the scene,
- Impoundment of your vehicle,
- Criminal charges filed for Driving Under Restraint,
- Mandatory jail time if convicted, and
- Additional license suspension time imposed by the DMV.
Even if you explain that you were unaware of the suspension or believed it had been resolved, that rarely changes the outcome. Prosecutors and judges often assume the responsibility to confirm license status falls on the driver.
Once cited, you will need to appear in court and address the new criminal charge and any administrative fallout with the DMV. These two tracks happen separately, but both can increase your total suspension period and raise the stakes if you are charged again.
Penalties for Driving Under Restraint in Colorado
The law treats these violations as intentional and dangerous, providing penalties including mandatory jail time and extended loss of driving privileges. Understanding the specific penalties helps you anticipate what you are facing and make more informed choices about how to proceed.
First DUR Offense Involving a DUI-Suspended License
A first offense for driving under restraint after a DUI conviction brings mandatory sentencing. Colorado law does not allow judges to suspend or substitute jail time in these cases. Therefore, you could face the following:
- Minimum of 30 days in jail, up to a 1-year maximum;
- Fines between $500 and $1,000;
- Additional one-year license revocation; and
- No eligibility for alternative sentencing.
Even a first violation shows the court that you ignored the restriction, which can shape how prosecutors and judges approach your case going forward.
Second or Subsequent DUR Offense Involving a DUI-Suspended License
A second or later offense raises the stakes significantly. Courts presume that you had prior knowledge of the suspension and disregarded it again. In these cases, you can expect the following:
- Mandatory 90 days in jail, up to a maximum of 2 years;
- Fines up to $3,000;
- Extended license revocation; and
- Increased likelihood of being labeled a habitual traffic offender.
With each new offense, your options for reducing penalties shrink, and the risk of longer-term license revocation or additional charges grows.
Driving under restraint for non-DUI reasons—such as failure to pay traffic fines or child support—may result in less severe consequences. However, the court still treats the offense as a misdemeanor and may impose jail time or probation depending on your record.
No matter the reason for the restraint, a conviction will appear on your criminal history and may affect insurance, employment, and your ability to restore full driving privileges in the future.
The Difference Between a DUR Suspension and an Administrative Restraint
Colorado law distinguishes between criminal suspensions and administrative ones. After a DUI arrest, the Colorado Department of Motor Vehicles (DMV) may suspend your license automatically, even before your court case begins. This is known as an administrative restraint and is based on the BAC level or your refusal to submit to chemical testing.
In addition, if you are caught driving during this administrative suspension of your license, you are subject to additional criminal charges. Many people believe that because their court case has not concluded, the suspension does not “count” yet. That misunderstanding leads to arrest and additional criminal exposure.
Always verify your license status with the DMV before returning to the road—even if you think the suspension period is over.
How a DUI Conviction Affects Your Driving Privileges
A single conviction for driving under restraint—especially one tied to a DUI—makes it significantly harder to restore full driving privileges. The DMV may require:
- Completion of a longer ignition interlock period,
- Proof of insurance through an SR-22 filing,
- Extended probation,
- Drug and alcohol treatment classes, and
- In-person hearings to prove eligibility.
In addition, the judge and DMV may deny future requests for early reinstatement or hardship licenses. The state assumes that your decision to drive despite a court order shows a disregard for public safety, which increases the difficulty of earning back trust.
Were You Caught Driving on a Suspended License After a DUI?
If you have been caught driving in Colorado while your license was suspended for a DUI, you are facing mandatory jail time, extended suspension, and lasting damage to your record. The courts take these charges seriously—and so should you. At The Law Offices of Susan Deschler, we understand how quickly one mistake can spiral out of control, ultimately leading to harsh penalties. We will help you challenge the charges, explore sentencing alternatives, and fight to protect your future. Regardless of the facts surrounding your arrest, we will create a customized defense designed to minimize any impact the case has on your future. Call or connect with us online to schedule a free consultation.
