Colorado criminal charge
Driving under restraint in Colorado
Driving under restraint is a criminal offense under Colorado law, defined by C.R.S. § 42-2-138. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 42-2-138.
What is the penalty for driving under restraint in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 10 days to 90 days (Driving under restraint due to alcohol-related restraint — Driving with knowledge that license is restrained under section 42-2-126(3), or restrained solely/partially due to DUI, DUI per se, DWAI, UDD, or an alcohol-related offense in another state.) | discretionary | C.R.S. § 42-4-1701 |
| Fine | 150 usd to 300 usd (Driving under restraint due to alcohol-related restraint — Driving with knowledge that license is restrained under section 42-2-126(3), or restrained solely/partially due to DUI, DUI per se, DWAI, UDD, or an alcohol-related offense in another state.) | discretionary | C.R.S. § 42-4-1701 |
| Jail / prison | 10 days to 90 days (Failure to surrender license after conviction — Failing to immediately surrender driver's license or permit to the court after a guilty verdict/judgment under subsection (1)(a) or (1)(d).) | discretionary | C.R.S. § 42-4-1701 |
| Fine | 150 usd to 300 usd (Failure to surrender license after conviction — Failing to immediately surrender driver's license or permit to the court after a guilty verdict/judgment under subsection (1)(a) or (1)(d).) | discretionary | C.R.S. § 42-4-1701 |
Applies to current.
How is driving under restraint classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Driving under restraint due to alcohol-related restraint | class 2 misdemeanor traffic offense | Driving with knowledge that license is restrained under section 42-2-126(3), or restrained solely/partially due to DUI, DUI per se, DWAI, UDD, or an alcohol-related offense in another state. | 42-2-138(1)(d)(I) |
| Failure to surrender license after conviction | class 2 misdemeanor traffic offense | Failing to immediately surrender driver's license or permit to the court after a guilty verdict/judgment under subsection (1)(a) or (1)(d). | 42-2-138(1)(f) |
Common questions about driving under restraint in Colorado
Is driving under restraint a felony or a misdemeanor in Colorado?
Driving under restraint is a class 2 misdemeanor traffic offense in Colorado under C.R.S. § 42-2-138.
Driving under restraint due to alcohol-related restraint: class 2 misdemeanor traffic offense (C.R.S. § 42-2-138(1)(d)(I)) · Failure to surrender license after conviction: class 2 misdemeanor traffic offense (C.R.S. § 42-2-138(1)(f))
What are the penalties for driving under restraint in Colorado?
Penalties for driving under restraint in Colorado depend on how it is classified — from a class 2 misdemeanor traffic offense up to a class 2 misdemeanor traffic offense — with the ranges set by C.R.S. § 42-4-1701; the full table of ranges by variant is published on this page.
Which Colorado statute covers driving under restraint?
Driving under restraint is governed by C.R.S. § 42-2-138 (Driving under restraint - penalty - definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.