DWI/DUI - Driving While Under Suspension In Colorado
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The Colorado Law Statute States:
42-2-206. Driving after revocation prohibited.
(1) (a) (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 1 misdemeanor.
(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).
(b) (I) A person commits the crime of aggravated driving with a
revoked license if he or she is found to be an habitual offender and
thereafter operates a motor vehicle in this state while the revocation
of the department prohibiting such operation is in effect and, as a part
of the same criminal episode, also commits any of the following
offenses:
(A) DUI or DUI per se;
(B) DWAI;
(C) Reckless driving, as described in section 42-4-1401;
(D) Eluding or attempting to elude a police officer, as described in
section 42-4-1413;
(E) Violation of any of the requirements specified for accidents and
accident reports in sections 42-4-1601 to 42-4-1606; or
(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.
(II) Aggravated driving with a revoked license is a class 6 felony,
punishable as provided in section 18-1.3-401, C.R.S.
(2) For the purpose of enforcing this section in any case in which the
accused is charged with driving a motor vehicle while such person's
license, permit, or privilege to drive is revoked or is charged with
driving without a license, the court, before hearing such charges,
shall require the district attorney to determine whether such person
has been determined to be an habitual offender and by reason of
such determination is barred from operating a motor vehicle on the
highways of this state. If the district attorney determines that the
accused has been so held, the district attorney shall cause the
appropriate criminal charges to be lodged against the accused.
42-2-206. Driving after revocation prohibited.
(1) (a) (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 1 misdemeanor.
(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).
(b) (I) A person commits the crime of aggravated driving with a
revoked license if he or she is found to be an habitual offender and
thereafter operates a motor vehicle in this state while the revocation
of the department prohibiting such operation is in effect and, as a part
of the same criminal episode, also commits any of the following
offenses:
(A) DUI or DUI per se;
(B) DWAI;
(C) Reckless driving, as described in section 42-4-1401;
(D) Eluding or attempting to elude a police officer, as described in
section 42-4-1413;
(E) Violation of any of the requirements specified for accidents and
accident reports in sections 42-4-1601 to 42-4-1606; or
(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.
(II) Aggravated driving with a revoked license is a class 6 felony,
punishable as provided in section 18-1.3-401, C.R.S.
(2) For the purpose of enforcing this section in any case in which the
accused is charged with driving a motor vehicle while such person's
license, permit, or privilege to drive is revoked or is charged with
driving without a license, the court, before hearing such charges,
shall require the district attorney to determine whether such person
has been determined to be an habitual offender and by reason of
such determination is barred from operating a motor vehicle on the
highways of this state. If the district attorney determines that the
accused has been so held, the district attorney shall cause the
appropriate criminal charges to be lodged against the accused.
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