Denver Driving Under Restraint Lawyer

A license that has been suspended or revoked does not disappear from law enforcement databases. When someone drives on a restrained license, Colorado traffic law treats that decision as a separate criminal offense, not simply a traffic infraction. If the underlying restraint was DUI-related, the charge escalates to a class 2 traffic misdemeanor with mandatory jail time attached. Reid DeChant, a Denver driving under restraint lawyer at DeChant Law, has worked on both sides of the criminal system and understands how these cases are charged, how the DMV and criminal courts interact, and where the real opportunities to challenge the case exist.

What Distinguishes a DUI-Related Restraint from Other License Suspensions

Colorado Revised Statute 42-2-138 creates different levels of the driving under restraint offense depending on why the license was restrained. The distinction matters enormously for sentencing purposes.

If a license was suspended for non-DUI reasons, such as failure to pay fines, failure to appear, or an accumulation of points, a driving under restraint charge is a class A traffic infraction or misdemeanor depending on the circumstances. Serious, but manageable.

If the restraint was DUI-related, the statute triggers mandatory minimums. A conviction for driving under restraint with a DUI-related suspension means at least 30 days in jail for a first offense, with fines that can reach $3,000. The judge has limited discretion to reduce that sentence. This is what catches people off guard: they expected a traffic fine, not a criminal record and a mandatory month behind bars.

The DUI-related category includes suspensions from an express consent revocation, an administrative per se action, or a prior DUI conviction. Because the DMV and the criminal courts each have their own processes, a person can end up with a restrained license even if they are unaware the suspension took effect. That factual situation, knowledge of the restraint, can become a critical issue in how the case is defended.

How Denver Courts Handle These Charges

Driving under restraint cases in Denver are typically filed in Denver County Court, which handles misdemeanor traffic offenses. Cases arising from stops on I-25 through the Lincoln Park and Baker neighborhoods, or along Colfax Avenue between Denver and Lakewood, are common. So are stops originating near LoDo and the Auraria Parkway corridor, particularly late at night when officers are already on heightened alert for impaired driving.

The filing decision usually comes from the Denver City Attorney’s Office or the district attorney depending on the severity and the specific statute charged. For DUI-related restraint charges, prosecutors take a firm position because the mandatory minimums remove much of the early negotiating room that exists in ordinary traffic cases. The path to a favorable outcome almost always runs through a careful review of the underlying basis for the restraint and the circumstances of the stop itself.

Jefferson County, Adams County, and Arapahoe County courts handle the same statute with similar weight when charges arise from stops along C-470, I-76, or the southern stretches of I-25 near Lone Tree. DeChant Law handles cases across the Denver metro area, and the local dynamics of each courthouse matter when developing a defense strategy.

Where These Cases Can Actually Be Challenged

Defending a driving under restraint charge is not simply about showing up and hoping for leniency. The strongest defenses are built on technical and factual grounds that require a thorough investigation before any plea discussions begin.

The traffic stop itself is the first issue. Under Colorado and federal constitutional law, an officer must have reasonable articulable suspicion to initiate a stop. If the stop was based on a license plate database hit that was outdated or inaccurate, or if the officer’s basis for stopping the vehicle does not hold up under scrutiny, a motion to suppress can eliminate the evidence of driving entirely. DeChant Law has experience taking suppression motions to hearing, and the results speak for themselves in the firm’s case record.

The validity of the underlying restraint is the second issue. The DMV is not infallible. Notice of suspension must be properly served, and if a driver was not properly informed that their license was restrained, the knowledge element of the offense becomes contested. In the context of express consent revocations, there are specific procedural requirements that must be followed. Reid has handled DMV express consent hearings and has had actions dismissed for improper advisements, failure to administer chemical testing within the required window, and other procedural defects. The same technical precision applied to those DMV hearings applies to the criminal case that follows.

Proof of who was actually driving is a third consideration. In some cases, particularly where the vehicle is registered to someone else or where there were multiple occupants, identity can be contested.

Finally, even when the evidence is not suppressed, mitigating facts about why the restraint existed, what steps the client has taken since, and the client’s overall history can matter during plea negotiations or sentencing. Reid approaches every case by first understanding the client’s full story, not just the police report.

Questions People Actually Ask About This Charge

Is driving under restraint a criminal charge or just a traffic ticket?

It depends on the circumstances. If the license was restrained for DUI-related reasons, it is a criminal traffic misdemeanor with mandatory jail time for a conviction. A non-DUI restraint can still rise to a misdemeanor level depending on the specifics. Either way, it generates a criminal record entry that can affect employment and other licensing, which is why it warrants serious legal attention.

Can the mandatory 30-day jail sentence be avoided?

That mandatory minimum only applies upon conviction. If the charge is dismissed, reduced to a non-DUI-related driving under restraint, or if the underlying restraint is found to be invalid, the mandatory minimum may not apply. This is exactly why the focus should be on challenging the charge rather than simply accepting it.

I did not know my license was suspended. Does that matter?

Knowledge of the restraint is an element the prosecution must address. If notice was not properly served or there is a genuine factual dispute about whether you were aware the license had been restrained, that becomes part of the defense. It is not automatically a complete defense, but it is a legitimate issue that an attorney should investigate thoroughly before any discussions with the prosecution occur.

Will this affect my driver’s license further?

A conviction for driving under restraint can result in additional points against your license and can extend the period of suspension. For someone already dealing with a DUI-related revocation, a conviction on this charge can significantly delay license reinstatement and complicate future DMV proceedings.

What if I have a prior driving under restraint conviction?

Repeat convictions carry increased penalties. A prior conviction for driving under restraint, particularly on a DUI-related restraint, can result in longer mandatory jail terms and higher fines. The stakes of getting the defense right are even higher when there is a prior record.

Do I need to appear in court or can my lawyer handle it?

For misdemeanor charges in Denver County Court, your attorney can often appear on your behalf for early proceedings, but a court appearance is typically required at some point. The specifics depend on the courthouse and the judge assigned. This is one of the practical details Reid addresses directly with clients from the beginning of the representation.

How long does this type of case typically take to resolve?

Cases that proceed through investigation, potential motions, and negotiation commonly take several months. Cases where suppression motions are filed and set for hearing can take longer. There is no benefit to rushing a resolution before the defense has been fully developed, and Reid does not push clients toward quick dispositions before the case is properly evaluated.

Talk to DeChant Law About a Denver Driving Under Restraint Charge

These cases move on a timeline set by the courts, not by the client’s convenience. If you received a summons or were arrested for driving on a restrained license in Denver or the surrounding metro counties, the time to start building a defense is now, not after the first court date passes. Reid DeChant has handled criminal traffic matters across Denver, Adams, Jefferson, Arapahoe, Broomfield, and Douglas County courts. His background as a public defender and his experience taking cases through trial means that when a charge can be fought, he knows how to fight it. Contact DeChant Law to discuss your situation and find out what a Denver driving under restraint attorney can realistically do in your case.