C.R.S. Section 42-2-138
Driving under restraint

  • penalty
  • definitions

(1)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (1.5) of this section, any 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 for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a class A traffic infraction.

(b)

Upon a second or subsequent conviction under paragraph (a) of this subsection (1) within five years after the first conviction thereunder, in addition to any penalty imposed pursuant to said paragraph (a) of this subsection (1), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver’s or minor driver’s license or extended any driving privilege in this state for a period of three years after such second or subsequent conviction.

(c)

This subsection (1) shall apply only to violations committed on or after July 1, 1974.

(d)

Intentionally left blank —Ed.

(I)

A 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 nonresident, is restrained under section 42-2-126 (3), is restrained solely or partially because of a conviction of DUI, DUI per se, DWAI, or UDD, or is restrained in another state solely or partially because of an alcohol-related driving offense commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, the person shall be punished by a fine of not less than five hundred dollars nor more than three thousand dollars.

(II)

In any trial for a violation of subparagraph (I) of this paragraph (d), a duly authenticated copy of the record of the defendant’s former convictions and judgments for DUI, DUI per se, DWAI, or UDD or an alcohol-related offense committed in another state from any court of record or a certified copy of the record of any denial or revocation of the defendant’s driving privilege under section 42-2-126 (3) from the department shall be prima facie evidence of the convictions, judgments, denials, or revocations and may be used in evidence against the defendant. Identification photographs and fingerprints that are part of the record of the former convictions, judgments, denials, or revocations and the defendant’s incarceration after sentencing for any of the former convictions, judgments, denials, or revocations shall be prima facie evidence of the identity of the defendant and may be used in evidence against the defendant.

(e)

Upon a second or subsequent conviction under subparagraph (I) of paragraph (d) of this subsection (1) within five years after the first conviction thereunder, in addition to the penalty prescribed in said subparagraph (I), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver’s or minor driver’s license or extended any driving privilege in this state for a period of four years after such second or subsequent conviction.

(f)

Upon a verdict or judgment of guilt for a violation of subsection (1)(a) or (1)(d) of this section, the court shall require the offender to immediately surrender the offender’s driver’s license, minor driver’s license, temporary driver’s license, or instruction permit issued by this state, another state, or a foreign country. The court shall forward to the department a notice of the verdict or judgment of guilt on the form prescribed by the department, together with the offender’s surrendered license or permit. Any person who violates the provisions of this subsection (1)(f) by failing to surrender his or her license or permit to the court commits a class 2 misdemeanor traffic offense.

(1.5)

Any 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 for an outstanding judgment is guilty of a class A traffic infraction as defined in section 42-4-1701 (3).

(2)

Intentionally left blank —Ed.

(a)

In a prosecution for a violation of this section, the fact of the restraint may be established by certification that a notice was mailed by first-class mail pursuant to section 42-2-119 (2) to the last-known address of the defendant, or by the delivery of such notice to the last-known address of the defendant, or by personal service of such notice upon the defendant.

(b)

In a prosecution for a violation of this section, the fact of restraint in another state may be established by certification that notice was given in compliance with such state’s law.

(2.5)

A municipality may enforce violations of subsection (1.5) of this section in municipal court. A municipal court shall not waive or reduce the three-point penalty.

(3)

The department, upon receiving a record of conviction or accident report of any person for an offense committed while operating a motor vehicle, shall immediately examine its files to determine if the license or operating privilege of such person has been restrained. If it appears that said offense was committed while the license or operating privilege of such person was restrained for a reason other than an outstanding judgment, except as permitted by section 42-2-132.5, the department shall not issue a new license or grant any driving privileges for an additional period of one year after the date such person would otherwise have been entitled to apply for a new license or for reinstatement of a suspended license and shall notify the district attorney in the county where such violation occurred and request prosecution of such person under subsection (1) of this section.

(4)

For purposes of this section, the following definitions shall apply:

(a)

“Knowledge” means actual knowledge of any restraint from whatever source or knowledge of circumstances sufficient to cause a reasonable person to be aware that such person’s license or privilege to drive was under restraint. “Knowledge” does not mean knowledge of a particular restraint or knowledge of the duration of restraint.

(b)

“Restraint” or “restrained” means any denial, revocation, or suspension of a person’s license or privilege to drive a motor vehicle in this state or another state.

(5)

It shall be an affirmative defense to a violation of this section, based upon a restraint in another state, that the driver possessed a valid driver’s license issued subsequent to the restraint that is the basis of the violation.

Source: Section 42-2-138 — Driving under restraint - penalty - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42–2–101
Licenses for drivers required - penalty - definition 42–2–102
Persons exempt from license 42–2–103
Motorcycles - autocycles - low-power scooters - driver’s license required 42–2–104
Licenses issued - denied 42–2–105
Special restrictions on certain drivers 42–2–105.5
Restrictions on minor drivers under eighteen years of age - penalties - legislative declaration 42–2–106
Instruction permits and temporary licenses 42–2–107
Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal 42–2–108
Application of minors - rules 42–2–109
Release from liability 42–2–110
Revocation upon death of signer for minor 42–2–111
Examination of applicants and drivers - when required 42–2–112
Medical advice - use by department - provider immunity 42–2–113
License examiners appointed 42–2–114
License issued - voluntary disability identifier symbol - fees - rules - report - definitions 42–2–114.5
Fees for drivers’ licenses, identification cards, and related services - crediting to DRIVES account - fee setting procedures - rules - repeal 42–2–115
License, permit, or identification card to be exhibited on demand - penalty 42–2–116
Restricted license 42–2–117
Duplicate permits and minor licenses - replacement licenses 42–2–118
Buckner organ and tissue donation awareness fund - rules - report - repeal 42–2–118.1
Driver restoration and payment incentive program 42–2–119
Notices - change of address or name 42–2–120
Methods of service 42–2–121
Records to be kept by department - admission of records in court 42–2–121.5
Emergency contact information - website form - license application - driver’s license database 42–2–122
Department may cancel license - limited license for physical or mental limitations - rules 42–2–123
Suspending privileges of nonresidents and reporting convictions 42–2–124
When court to report convictions 42–2–125
Mandatory revocation of license and permit 42–2–126
Revocation of license based on administrative determination 42–2–126.5
Revocation of license based on administrative actions taken under tribal law - repeal 42–2–127
Authority to suspend license - to deny license - type of conviction - points 42–2–127.5
Authority to suspend license - violation of child support order 42–2–127.7
Authority to suspend driver’s license - uninsured motorists - legislative declaration 42–2–127.9
Authority to suspend driver’s license - leaving the scene of an accident 42–2–128
Vehicular homicide - revocation of license 42–2–129
Mandatory surrender of license or permit for driving under the influence or with excessive alcoholic content 42–2–132
Period of suspension or revocation 42–2–132.5
Mandatory and voluntary restricted licenses following alcohol convictions - rules 42–2–133
Surrender and return of license 42–2–134
Foreign license invalid during suspension 42–2–135
Right to appeal 42–2–136
Unlawful possession or use of license 42–2–137
False affidavit - penalty 42–2–138
Driving under restraint - penalty - definitions 42–2–139
Permitting unauthorized minor to drive 42–2–140
Permitting unauthorized person to drive 42–2–141
Renting or loaning a motor vehicle to another 42–2–142
Violation - penalty 42–2–143
Legislative declaration 42–2–144
Reporting by certified level II alcohol and drug education and treatment program providers - notice of administrative remedies against a driver’s license - rules 42–2–201
Legislative declaration concerning habitual offenders of motor vehicle laws 42–2–202
Habitual offenders - frequency and type of violations 42–2–203
Authority to revoke license of habitual offender 42–2–204
Appeals 42–2–205
Prohibition 42–2–206
Driving after revocation prohibited 42–2–207
No existing law modified 42–2–208
Computation of number of convictions 42–2–301
Definitions 42–2–302
Department may or shall issue - limitations - rules 42–2–303
Contents of identification card - disability identifier symbol - rules - definition 42–2–304
Validity of identification card - rules 42–2–305
Lost, stolen, or destroyed cards 42–2–306
Fees - disposition 42–2–307
Change of address - penalty 42–2–308
No liability on public entity 42–2–309
Unlawful acts 42–2–310
Violation 42–2–313
Department consult with counties on county jail identification processing unit 42–2–401
Short title 42–2–402
Definitions 42–2–403
Department authority - rules - federal requirements 42–2–404
Commercial driver’s license - limitations - rules 42–2–405
Driver’s license disciplinary actions - grounds for denial - suspension - revocation - disqualification 42–2–405.5
Violations of out-of-service order 42–2–406
Fees - rules 42–2–407
Licensing of testing units and driving testers - hearings - regulations 42–2–408
Unlawful acts - penalty 42–2–409
Unlawful possession or use of a commercial driver’s license 42–2–501
Short title 42–2–502
Legislative declaration 42–2–503
Definitions 42–2–504
Applicability 42–2–505
Identification documents - individuals not lawfully present - rules 42–2–506
Identification documents - individuals temporarily lawfully present 42–2–507
Taxpayer identification number - confidentiality 42–2–508
Fees - operations - rule 42–2–509
Renewal - duplicate - replacement - rules 42–2–510
Peace officers - arrest authority 42–2–511
Driving test - third-party option - definition 42–2–601
Definitions 42–2–602
Equipment of vehicles 42–2–603
Rules 42–2–604
Violations - penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 42-2-138’s source at colorado​.gov