Driving Under Revocation/Suspension (DUR/DUS)

Lawyer Patterson Weaver prides himself on helping good people in bad situations, and even the best of us can have trouble with the Division of Motor Vehicles. If you have had your license suspended or revoked, and get caught while driving without a valid license, Patterson Weaver Law can help. Providing first-rate legal representation in El Paso County, Pueblo County, Teller County, Park County, Fremont County, and the surrounding areas, Patterson Weaver is ready and able to address your situation.

Why is My License Suspended?

There are many reasons a person may have their license restrained or suspended. A license can be restrained because of excessive moving violations, such as speeding tickets or running of stop signs/lights, or something more serious like a DUI. Sometimes a license can be suspended for non-driving related reasons, such as failing to respond to a DMV notice, failure to appear in court or pay traffic tickets, or even not paying child support.

If you are caught driving with a restrained, suspended or revoked license you will be charged with Driving Under Restraint (DUR). Unfortunately, a DUR charge can be much more serious than something like a normal speeding ticket, and carries the possibility of jail time.

What Does it Mean to Have a Restrained or Suspended License?

Driving Under Restraint is legally defined as “[a]ny person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint….” C.R.S. §42-2-138(1)(a) (2013).

The “knowledge” referred to in the statute does not necessarily mean you ‘knew” your license was revoked. All that is necessary is “constructive knowledge” which means essentially that a reasonable person should have known that their license was under restraint. Even a record that a notice of revocation was sent to a last known address can be sufficient to establish knowledge, regardless of if you actually received and/or read the notice. Such legal nuances make it essential that you hire an attorney with experience in defending DUR charges. Attorney Patterson Weaver is skilled in the area of DUR/DUS charges, and he will work hard to protect your rights and get you the best outcome possible.

What are the Consequences of a DUR/DUS Conviction?

The underlying reason for the initial suspension or restraint will determine the possible consequences.

Penalties for a first non-alcohol related restraints can be:

  • Up to 6 months jail time;
  • Up to a $500 fine;
  • Increase of time for restraint of license.

Penalties for a first alcohol or drug related restraints can be:

  • 30 days to 1 year jail time;
  • $500 to $1,000 fine;
  • And for subsequent convictions, the jail time can be increased to 90 days to 2 years in the county jail;
  • Increase of time for restraint of license.

In today’s world, it is incredibly difficult to get by day to day without a driver’s license. However, driving without one can have very real repercussions to your life, and can result in jail time. Consulting with an experienced Criminal Defense Attorney will increase your chances for a favorable outcome with far fewer consequences. Contact attorney Patterson Weaver today to review the facts of your case and what options are available to you.

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