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After The DUI – DWAI – DUID – Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138

By Colorado DUI – DWAI- DUID Lawyer – Attorney H. Michael Steinberg

After The DUI -DWAI – DUID – Colorado Alcohol Based Driving Convictions For Driving Under Revocation (DUR), Denial (DUD) And Restraint (DUR) 42-2-138 – may have some very serious repercussions. The laws here in Colorado are very strict.

Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138

Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138

Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138

CASE I – If You Are Charge With Under Revocation (DUR) – But You Did NOT Lose Your License For Drinking And Driving….

While serious – this is considered an Colorado unclassified misdemeanor and the penalty is a possible – but very unlikely jail sentence of up to six months ( if there are certain “aggravating factors, such as: repeated violations of DUR, other serious traffic laws, a car accident, and the like) and or a fine up to $500.00. You will also be placed on probation for one year – perhaps longer.

(Unclassified Misdemeanors do require a mandatory court appearance and a conviction may result in a jail sentence, hefty fines and costs, probation for 12 months or more, required drug or alcohol counseling, community or useful public service, restitution, and other penalties and sentence requirements, as provided for in the specific statute for any violations.)

Other “Collateral” Impacts – Your car insurance coverage or premium rates may also be increased. You will also face DMV Departmental Action – even for a first-time conviction – that will result in a mandatory revocation of your driving privileges for one year which will RUN CONSECUTIVELY (will follow AFTER) any other driving privileges on your driver’s license at the time of the conviction). , except in cases where C.R.S. 42-2-132.5 applies. The latter law deals with very serious reasons for the loss of driving privileges such as Vehicular Homicide, Hit and Run, and the like HERE is a LINK to the law with it’s many sections.

If you receive a SECOND conviction for DUR, DUS, or DUD – within a five year period – you lose your driving privileges for three years (also to run consecutively to all other restraints that you are already subject to – again subject to 42-2-132.5.

CASE 2 – If You Are Charge With Under Revocation (DUR) – But You DID Lose Your License For Drinking And Driving… In Cases Where The Underlying Revocation Is Due To An Alcohol Conviction ..

The difference here? Even a FIRST TIME conviction requires a mandatory MINIMUM SENTENCE OF 30 days and up to a maximum SENTENCE OF ONE YEAR. The fine doubles, and with “aggravating factors” the sentence can be quite harsh.

A second alcohol based DUR- DUD- DUS and you are facing a mandatory minimum jail sentence of 90 days up to a maximum of two years and a fine up to $3,000.00. The driver’s license privilege losses are similar – one year for a first offense – consecutive – and four years for subsequent convictions (if they occur within 5 years of the first) except for 42-2-132.5 cases.

These are all Habitual Traffic Offender Strikes – meaning that if you get three of ANY HTO convictions – you will lose your DL for five years.

Here is the law – it is very difficult to read:

42-2-138. Driving under restraint – penalty.

Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138

Denver Colorado DUI Criminal Defense Lawyer

The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.


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. Michael Steinberg, is a Denver, Colorado criminal defense lawyer who will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases. Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defenses for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138.

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H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
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