Colorado Code
Part 2 - Habitual Offenders
§ 42-2-206. Driving After Revocation Prohibited

(II) Notwithstanding the provisions of section 18-1.3-501, C.R.S., any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in section 18-1.3-501, C.R.S. The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation. Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph (II).
(1) (a) [ Editor's note: This version of subsection (1)(a) is effective March 1, 2022. ] (I) It is unlawful for any person to operate any motor vehicle in this state while the revocation of the department prohibiting the operation remains in effect. Any person found to be an habitual offender, who operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect, commits a class 2 traffic misdemeanor.
(II) Any person convicted of violating subsection (1)(a)(I) of this section shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subsection (1)(a)(II) shall be in addition to any other penalty provided in section 42-4-1701. The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation. Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subsection (1)(a)(II).

(II) [ Editor's note: This version of subsection (1)(b)(II) is effective March 1, 2022. ] Aggravated driving with a revoked license is a class 1 traffic misdemeanor; except that a court shall sentence the offender to a mandatory minimum term of imprisonment of sixty days in the custody of a county jail.

Source: L. 94: Entire title amended with relocations, p. 2160, § 1, effective January 1, 1995. L. 99: (1) amended, p. 796, § 9, effective July 1. L. 2000: (1)(a) amended, p. 682, § 1, effective July 1; (1)(a) and IP(1)(b)(I) amended and (1)(b)(I)(F) added, p. 710, § 46, effective July 1. L. 2002: (1)(a)(II) and (1)(b)(II) amended, p. 1560, § 364, effective October 1. L. 2008: (1)(b)(I)(A) and (1)(b)(I)(B) amended, p. 251, § 16, effective July 1. L. 2010: (1)(b)(III) added, (HB 10-1347), ch. 258, p. 1158, § 3, effective July 1. L. 2015: (1)(b)(I)(A) and (1)(b)(I)(B) repealed and (1)(b)(II) and IP(1)(b)(III) amended, (HB 15-1043), ch. 262, p. 996, § 4, effective August 5. L. 2021: (1)(a) and (1)(b)(II) amended, (SB 21-271), ch. 462, p. 3301, § 711, effective March 1, 2022.

Cross references: (1) For a class 1 or class 2 traffic misdemeanor, see § 42-4-1701 (3).
(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a)(II) and (1)(b)(II), see section 1 of chapter 318, Session Laws of Colorado 2002.