If you’ve received a charge of driving under suspension (DUS) in Denver, here are the steps you must take to resolve your charges:

  1. Consult With A DUS Lawyer Immediately. Even if you hold a suspended license from a different state than Colorado, Colorado law enforcement will honor that suspension. If you are charged with a DUS, contact a Colorado DUS attorney as soon as possible.
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  3. Work With Your Lawyer to Establish The Facts. The facts leading up to your DUS charge will need to be established and discussed with your lawyer. Certain defenses may be available to you based on the facts. For instance, if it can be shown that you had no knowledge that your license was suspended, then you cannot be convicted on a DUS charge. It may also be the case that the DMV made a mistake, or that there was an notification error and that your license actually should not be suspended. Your lawyer will be able to get to the bottom of this.
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  5. Let Your Lawyer Build Your Defense. Your DUS defense lawyer will be familiar with the Colorado DMV licensing protocols, and will have a solid understanding of the criminal laws in play for your DUS charge. Your lawyer will work hard to build your strongest possible defense based on the facts of your case.

 

If you’re from outside of Denver, you likely don’t have the time or energy to deal with this. Call us, and we’ll deal with it for you.

An Overview of Colorado Driving Under Suspension Laws

 
In Colorado, the reasons for driver’s license suspensions can be many, and some of the more common reasons for driver’s license suspensions include:

  • Alcohol-Related Offenses. A number of alcohol-related offenses result in a driver losing his or her driving privileges. Driving under the influence of drugs or alcohol convictions and repeat driving while ability impaired convictions can result in the suspension of a license.
  • Too Many Points On Your Driving Record. Accruing too many points on your driving record for driving offense convictions, or getting too many traffic tickets for speeding or reckless driving, can result in the Colorado Department of Revenue suspending your driver’s license.
  • Driving Without Insurance. Being caught driving without proof of liability insurance in Colorado can result in the Colorado Department of Revenue suspending your driver’s license. Amassing 12 points in 12 months, or 18 points in 24 months can be enough for a license suspension.
  • Failure to Pay Child Support or Traffic Tickets or Failure to Appear In Court. Failure to pay tickets or child support can enable the court to suspend your driver’s license. Similarly, if you fail to appear in court, the judge will suspend your driver’s license.
  • Certain Convictions. A number of different convictions will result in suspension of a driver’s license, including a conviction for vehicular assault or homicide, failing to stop at the scene of an accident where a death or injury occurred, three convictions for reckless driving in a period of two years are just a few examples.

 

When a person’s license is under suspension, he or she is not permitted to knowingly operate a motor vehicle. Driving with a suspended license is  a violation of Colorado law that results in a driving under suspension charge. In order to be convicted of a DUS charge, it must be shown that the driver knew his or her license was under suspended.

Potential Consequences for Driving Under Suspension in Colorado

The potential consequences for a DUS conviction in Colorado can vary based on whether alcohol played a factor in the suspension of your driver’s license in the first place. Penalties become more severe with subsequent offenses.

When Alcohol Played a Role in the Suspension. When a driver’s license suspension is due to an alcohol-related offense, the severity of the consequences of a DUS for a first offense include:

  • A mandatory jail sentence of 30 days to a year
  • A fine ranging from $500-$1,000 dollars
  • No chance of probation or a suspended sentence unless the driver can prove that he or she drove due to an emergency while under a driver’s license suspension
  • In home detention might be possible, based on the circumstances

A second or subsequent DUS offense can result in:

  • A mandatory jail sentence of 90 days to 2 years of imprisonment
  • A fine of $500-$3,000 dollars
  • No chance of probation or a suspended sentence unless the driver can prove that he or she drove under suspension due to an emergency
  • In home detention and work release programs might be possible, based on the circumstances.
  • A repeat offender convicted of DUS will be ineligible for a license for 4 years if the repeat offense took place within 5 years of the previous offense.

When Alcohol Was Not A Factor in the Restraint. If the driver’s license restrain did not involve alcohol, then the consequences for a DUS are less serious. For a first time DUS offense, the penalties include:

  • The possibility of a jail sentence of up to 6 months in county jail
  • A fine of up to $500 dollars
  • In home detention might be possible, based on the circumstances
  • The driver will not be eligible for a Colorado driver’s license for an additional year after the suspension on the driver’s license is to be lifted.

A second or subsequent DUS offense can result in:

  • Any of the same penalties as a first time DUS offense
  • A repeat offender convicted of DUS will not be eligible for a Colorado driver’s license for an additional three years after the suspension on the driver’s license is to be lifted.

 

Don’t wait. We can help you get your DUS charges resolved so your can get back to what matters.