Driving Under Revocation/Habitual Traffic Offender
Based in Fort Collins and serving northern Colorado, the Law Office of Andrew L. Bertrand, PC provides defense representation to clients charged with DUI and related offenses, such as driving under revocation (DUR) and habitual traffic offender violations.
Driving Under Revocation (DUR)
A revocation is a mandatory restraint action on a valid driver's license or driving privilege that is enforced by the Division of Motor Vehicles (DMV), not the criminal justice system. Colorado law provides for severe penalties if you are found driving or operating a motor vehicle while your license is revoked because of an alcohol or drug-related offense. A first conviction for DUR is charged as a misdemeanor, carrying a mandatory jail sentence of 30 days to one year and $500 to $1000 in fines. Probation and suspended sentences are not permitted unless you drove because of an emergency; however, alternatives to imprisonment, such as in-home detention, are possible.
A second or subsequent conviction for DUR carries a mandatory jail sentence of 90 days to two years and fines of $500 to $3000. In addition, you will not be eligible for a driver's license for a period of four years after the conviction if the second or subsequent conviction occurred within five years of the first DUR conviction. As with a first offense, probation and suspended sentences are not permitted unless there was an emergency, but alleged offenders may seek alternatives to incarceration.
Habitual Traffic Offender
When you have any three convictions of driving under the influence, reckless driving, or any serious traffic offense within a ten year time period, this could result in a determination by the DMV that you are a habitual traffic offender, as well as a ten year driver's license suspension. In certain instances, after five years of the suspension, a restricted license may be issued. If a person who is determined to be a habitual traffic offender is found driving before license reinstatement, he or she will be charged with driving after revocation prohibited (DARP), a first degree misdemeanor. The charge may be elevated to a Class 6 felony if alcohol, reckless driving, eluding law enforcement, or hit and run were allegedly involved in the incident.
The Law Office of Andrew L. Bertrand, PC can help if you have been charged for DUR or if you face charges as a habitual traffic offender. We will work to achieve your goals, whether you need to avoid or minimize possible jail time, restore your driving privileges, or challenge a DMV action. In many cases, measures can be taken to reduce or eliminate driver's license revocation or suspension.
Seek Knowledgeable, Experienced Defense Representation
If you or a loved one has been charged with driving under revocation or a habitual traffic offender violation, please contact the Law Office of Andrew L. Bertrand, PC for a free consultation. For us, no case is too big or too small. We will do everything we can to see our clients overcome difficult circumstances.