Driving under suspension, also known as driving with a suspended license, can carry significant penalties in Colorado. If you have been accused of driving on a suspended license, you may need to work with an experienced traffic lawyer to help protect your freedoms and decrease some of the penalties you might otherwise face.
Driving under suspension means driving after your license has been suspended.
Colorado drivers may have their licenses suspended for several reasons. Most often, Colorado residents face license suspension for drug and alcohol-related charges, usually driving under the influence or driving while intoxicated. Colorado drivers who refuse to take a drug or alcohol test, in accordance with Colorado’s express consent law, may also have their licenses suspended. Drivers may also have their licenses suspended after acquiring too many points on their license for traffic violations or for getting caught driving without liability insurance. Criminal convictions, including failing to stop at the scene of an accident—especially one that involved serious injury or death, vehicular homicide, or vehicular assault may also result in license suspension or revocation.
When a driver’s license is suspended, the driver temporarily loses their ability to drive legally. A driver who has had their license revoked permanently loses that privilege indefinitely. Driving under suspension means driving in spite of a legal ruling that you cannot operate a motor vehicle.
In Colorado, driving on a suspended or revoked license can cause you to face misdemeanor charges. The penalties may include:
If your license was suspended or revoked because of a DUI, you may find yourself facing a minimum of 30 days in jail and a $500 fine to a maximum of one year in jail and a $1,000 fine. Second convictions and convictions thereafter can result in growing penalties.
A criminal defense attorney can help protect your rights after you have been charged with driving under suspension in Colorado.
Sometimes, an attorney can look at the evidence related to your license suspension and prove to the courts that your license should not have been suspended in the first place, which can lead to the charges against you being dropped. Other times, the attorney can help show that you had already taken steps to correct the suspension and assumed that you could legally operate your vehicle again, but someone else dropped the ball; the paperwork never got filed, for example. Finally, an attorney may show that you had mitigating circumstances that required you to get behind the wheel in spite of your suspended license.
Having an attorney on your side can prove critical to your defense. Often, an attorney can find potential arguments that you may not have realized applied to your case, making it easier to build a case in favor of avoiding further penalties.
Like many misdemeanors, driving on a suspended license in Colorado offers a range of potential penalties. Ideally, you would like to face the bottom end of that range, avoiding unnecessary jail time and fines, for example. Often, a skilled attorney can help reduce the consequences you may face for driving on a suspended license in Colorado.
Without an attorney, you may find that the court tries to make an example of you or impose the maximum consequences. When you work with an attorney, however, your attorney can help argue in your favor, presenting compelling reasons why the court should reduce those fees or that jail time as much as possible. As a result, you may not only avoid those direct penalties, but you may reduce the other challenges you would face as a result of those penalties, including potential job loss, loss of income, or loss of your license for a longer period of time.
If you have been charged with driving under suspension, contact an experienced attorney as soon as possible to help protect your rights.
Frequently Asked Questions
If you get caught driving with a suspended license in Colorado, you could be charged with a misdemeanor. You may face possible jail time and heavy fines as well as the potential for losing your license even longer. If you have been charged with driving on a suspended license, you should contact an attorney as soon as possible to receive a comprehensive defense that can help protect you.
No, driving with a suspended license is not a felony in Colorado. Rather, it is considered a misdemeanor.
The length of your license suspension will depend on why it was suspended. Generally, the terms of the suspension will lay out when you can apply to have your license reinstated. Once your suspension period has ended, you will need to legally reinstate your license before you get behind the wheel. You may need to:
Once you have completed those steps, you can legally have your license reinstated, which means you can drive again.
Even if your license is suspended, you may have the right to apply for a limited or provisional license, which will allow you to operate a vehicle to get to and from work, handle transportation of children or other individuals in your care, or manage some personal responsibilities. An attorney can help determine whether you may be eligible for a provisional license and what steps you might need to take in order to retain some measure of freedom.
