Driving Under Restraint (DUR) in Colorado
What is Driving Under Restraint?
Colorado Department of Revenue (DOR) will revoke/restrain your drivers license for many reasons. Your license can be for too many points (12 points within 12 months -OR- 18 points within 24 months). Your license can revoked for a DUI conviction, or a habitual traffic offender (HTO) determination by the department. Your license can also be suspended for failure to pay court fines under an order of judicial warrant (OJW), or failure to pay an auto-insurance claim for damages.
But, I never got notice of the revocation!
If you were charged with DUI and the officer took your license (after a breath test or refusal), you had seven days to request a hearing. This is written in the “expressed consent” form the officer was supposed to give you after taking your license. If you did not request a hearing, your license was suspended after those seven days.
If your license was suspended for points, an outstanding auto-insurance claim, or an unpaid court fine, Colorado law allows that notice can be proven by a first class letter by the department to the last address the defendant gives the department. Many people move without notifying the department of revenue. Many people in the middle of a divorce do not get their mail. The department likely sent you the notice that your future-ex-spouse did not forward to you.
Can I take my Driving Under Restraint case to trial?
Colorado’s Driving Under Restraint (DUR) law requires notice of his suspension. The law also allows that notice can be proven by a first class letter by the department to the last address the defendant gives the department. The DA will use that inference to prove that he had notice of the revocation. His lawyer will have to challenge that notice, and will likely need something more than the defendant’s statement of “I never got it.” That’s why these cases rarely go to trial, because the DA has an easy paper case to prove. He would need a bold lawyer with a decent case to have a sense of confidence in defending a DUR case to a jury.
However, consult with a lawyer, because these charges carry up to a six-month jail sentence. If your license was suspended for a DUI or alcohol-related offense, the law requires a minimum 30-day jail sentence for a first offense, and 90-days of jail for a second offense.
Reinstating my license
Sometimes, getting your license reinstated is the best way to make your case better. At Solomon Law, we will always get your driving record to investigate what you need to do get your license back. We want to get you driving legally.