Driving under restraint is a serious traffic misdemeanor charge in Colorado. One drives under restraint when they drive while their driving privileges are under restraint in the state of Colorado. This offense is punished by at least five days, and no more than six months in the county jail. However, if the reason why the person’s driving privileges are revoked is an alcohol related driving offense such as DUI, the mandatory minimum sentence becomes thirty days and the maximum becomes a year in the county jail. Should a person be facing a second or third conviction for this offense, his minimum sentence becomes ninety days and the maximum sentence is extended all the way up to two years.
Driving under restraint is a twelve point offense; meaning that a conviction for driving under restraint will necessarily cause a revocation of your driving privileges. Additionally, driving under restraint would constitute a habitual traffic offender strike.
Occasionally, a situation arises where a driver is charged with driving under restraint but is eligible to reinstate his license. In such circumstances, an attorney may be able to extend your court case out until you are able to obtain your license. Should you obtain your license, it is often possible to negotiate a plea which will not re-suspend your driving privileges.
Whether you are facing your first or a subsequent driving under restraint charge, the assistance of a defense attorney can be critical in minimizing or eliminating any impact on your driving privileges, along with minimizing any sentence of incarceration which may apply due to mandatory minimums.