Colorado Code
Part 1 - Drivers' Licenses
§ 42-2-138. Driving Under Restraint - Penalty - Definitions

(1) (a) [ Editor's note: This version of subsection (1)(a) is effective March 1, 2022. ] 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.





(d) (I) [ Editor's note: This version of subsection (1)(d)(I) is effective March 1, 2022. ] 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. The minimum county jail sentence imposed by this subsection (1)(d)(I) shall be mandatory, and the court shall not grant probation or a suspended sentence thereof; but, in a case where the defendant is convicted although the defendant established that the defendant had to drive the motor vehicle in violation of this subsection (1)(d)(I) because of an emergency, the mandatory jail sentence, if any, shall not apply, and, for a first conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than one year and, in the discretion of the court, a fine of not more than one thousand dollars, and, for a second or subsequent conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than two years and, in the discretion of the court, a fine of not more than three thousand dollars.



(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).



(2.5) 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.






Source: L. 94: Entire title amended with relocations, p. 2155, § 1, effective January 1, 1995. L. 2000: (1)(f) added, p. 683, § 2, effective July 1; (1)(b), (1)(e), and (3) amended, p. 1082, § 12, effective January 1, 2001; (1)(b) and (1)(e) amended, p. 1358, § 34, effective July 1, 2001. L. 2005: (1)(d), (2), (3), and (4)(b) amended and (5) added, p. 648, § 17, effective May 27. L. 2008: (1)(a) and (1)(d) amended, p. 249, § 13, effective July 1. L. 2010: (1)(a), (1)(b), and (1)(f) amended, (HB 10-1090), ch. 45, p. 171, § 1, effective August 11. L. 2013: (1)(a) and (1)(d) amended, (HB 13-1325), ch. 331, p. 1882, § 11, effective May 28. L. 2017: (1)(a) and (3) amended and (1.5) and (2.5) added, (HB 17-1162), ch. 208, p. 810, § 1, effective August 9. L. 2020: (1)(f) amended, (SB 20-136), ch. 70, p. 299, § 53, effective September 14. L. 2021: (1)(a) and (1)(d)(I) amended, (SB 21-271), ch. 462, p. 3300, § 710, effective March 1, 2022.



Cross references: (1) For the penalty for a class 2 misdemeanor traffic offense, see § 42-4-1701 (3)(a)(II).
(2) For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.

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