Criminal and Civil Consequences of Driving under Revocation or Suspension

Driving under revocation or suspension is when you are caught driving while your license has been suspended or revoked. Your license may be suspended for a variety of reasons, both criminal and civil, but it is usually related to a violation committed with your vehicle. This may be a DUI, or an accumulation of penalty points, or your car is involved in the committing of a serious crime.

Criminal penalties

If you are convicted of a DUI or for having too many driving violations you license will be suspended for a period of time depending on your local laws. If you are found driving during this period of revocation you will be cited and possibly arrested. The consequences may be steep fees, jail time or a longer suspension period. If you are on a conditional sentence like a deferred judgment or probation, a DUR may cause those to be revoked.

Depending on the underlying violation, driving under revocation may also affect one’s immigration status.

Civil Penalties

Sometimes the suspension is a conditional one, and once those conditions are met the license may be reinstated. This could be a hold on your license for a failure to appear in court or pay a fine; or even to maintain special insurance like an SR-22 if it is required of you.  A hold on your license may occur for other civil reasons too, like failing to pay child support or another civil judgment.

Unfortunately, when your license is suspended you may only be informed by mail. If you have moved or mail is misplaced in some way, you would not know that you are under revocation until you are stopped for another reason. Once this driving under revocation charge is made it could complicate opportunities to alleviate the civil conditions. Maintaining a current address and checking your driving record with the DMV if you are facing civil penalties may help avoid this situation.

Consequences for both civil and criminal revocations may also include extended suspension and seizure of the vehicle under nuisance and abatement statutes, if that vehicle is suspected of being part of a serious crime.

Reinstatement

In most cases the driver’s license is not automatically reinstated. The driver usually has to reapply for a license and meet certain conditions, usually paying fees and retaking the driving tests, as well as proving any other holds or conditions related to the revocation have been met.

Driving under suspension is a serious charge that can lead to significant consequences and complicate other legal matters you may be dealing with. Contact Colorado’s trusted criminal defense firm if faced with a driving under revocation charge.


Thanks to our friends at Hebets & McCallin for their insight into driving under revocation cases!