Colorado State University

Note:

We cannot respond to requests for legal assistance made by e-mail or by the web form on our contact page. If you, as a CSU student, are in need of legal information or assistance, please bring your student ID to Room 182 of the Lory Student Center to make an appointment.

Driving Under Restraint

Driving Under Restraint, or DUR, is defined under the Colorado Revised Statutes Section 42-2-138.

In Colorado, a person who drives with knowledge that his or her license or privilege to drive is under restraint for any reason other than conviction of an alcohol-related driving offense is guilty of a misdemeanor.

The potential penalty for DUR when the restraint is for any reason other than conviction of an alcohol related driving offense includes five days to six months jail and a fine of $50 to $500. The penalty is different if the defendant proves that he or she had to drive due to an emergency. The penalty for a second or subsequent conviction within five years consists of the above, and the defendant will not be eligible to receive a driver's license for three years.

A person who drives with knowledge that his or her license or privilege to drive is under restraint due to Colorado's expressed consent law or due all or in part to a conviction of an alcohol-related driving offense is guilty of a misdemeanor.

The potential penalty for DUR when the restraint is due, all or in part, to Colorado's expressed consent law or a conviction of an alcohol related driving offense includes 30 days to one year jail and a fine of $500 to $1,000. The penalty is different if the defendant proves that he or she had to drive due to an emergency. The penalty for a second or subsequent conviction within five years consists of 90 days to two years jail and a fine of $500 to $3,000, and in addition, the defendant will not be eligible to receive a driver's license for four years.

For the full text of the statute, Google Colorado Revised Statutes Section 42-2-138.

Consult an attorney if you are charged with DUR.