Driving on a suspended license in Denver is a criminal offense with mandatory jail time, fines, and vehicle impound

If your license is suspended in Colorado and you drive anyway, you face charges under Colorado Revised Statute § 42-2-138. This is not a traffic ticket — it is a criminal misdemeanor. A first offense carries a mandatory minimum of 10 days in jail, a fine between $300 and $1,000, and a 12-month license suspension on top of whatever suspension already existed. Your vehicle will be impounded for at least 30 days. A second offense within five years means 60 days minimum jail time and a fine up to $1,500. A third or subsequent offense is a felony.

The charge applies whether you knew your license was suspended or not. Colorado courts have consistently held that ignorance is not a defense. If the DMV mailed a suspension notice to your address of record and you did not receive it, you are still considered to have had notice. The only exception is if you can prove the DMV failed to follow its own notification procedures — a difficult and expensive defense.

Denver police and Colorado State Patrol actively enforce this statute. A routine traffic stop for a broken taillight or speeding can result in a criminal arrest if dispatch shows a suspended license. You will be taken into custody, booked, and held until bail is set or you are released on your own recognizance. Even if you are released the same day, you now have a criminal record and a court date.

Key Takeaways

  • Driving on a suspended license in Colorado is a misdemeanor with a mandatory minimum of 10 days in jail and a $300 fine on a first offense, plus vehicle impound.
  • The suspension applies to your driving privilege statewide — you cannot drive in any county or city in Colorado, and the law applies even if you did not know your license was suspended.
  • A second offense within five years becomes a more serious misdemeanor with 60 days minimum jail time; a third offense is charged as a felony.
  • An attorney can sometimes negotiate a reduction to a lesser charge or argue procedural defects in how the suspension was imposed, but only before trial.
  • If you have a suspended license, the safest option is not to drive; if you must drive, you may be able to request a work permit or limited driving privilege from the court.

When a suspended license charge can be reduced or dismissed

A Denver criminal defense attorney can challenge the charge on several grounds, though success depends on the specific facts of your case. The most common defense is a procedural error in how the suspension was imposed or communicated. For example, if the DMV suspended your license but failed to send notice to your last known address, or if the suspension was imposed without a hearing you were may have access to to receive, an attorney can file a motion to dismiss.

Another avenue is to challenge the traffic stop itself. If the officer had no legal reason to stop your vehicle, any evidence discovered during that stop — including the suspended license — may be excluded from trial. This requires a motion to suppress and a hearing before the judge. An attorney will examine the officer's dash camera footage, dispatch records, and the citation to determine whether the stop was lawful.

In some cases, an attorney can negotiate a plea to a lesser charge. For example, if this is your first offense and you have no prior criminal history, the prosecutor may agree to reduce the charge to a traffic infraction or a non-criminal misdemeanor in exchange for a guilty plea. This avoids jail time and keeps the charge off your criminal record. The trade-off is that you will still have a conviction, pay a fine, and face a longer license suspension.

If you were driving for a legitimate emergency — for example, to get to a hospital — an attorney can present that context to the judge at sentencing, though it does not erase the charge. Colorado courts have some discretion in sentencing, and a judge may impose the minimum jail time or recommend a work-release program instead of continuous incarceration.

How to request a work permit or limited driving privilege

If your license is suspended and you need to drive for work, school, or medical treatment, you can request a work permit (also called a limited driving privilege) from the Denver District Court. This is not the same as a license reinstatement — it is a court order that allows you to drive only for specific purposes during specific hours.

To request a work permit, you must file a motion with the court that imposed the suspension. You will need to show that driving is essential for your employment, education, or medical care, and that you have no reasonable alternative transportation. The court will consider your financial hardship, the nature of your job, and whether you have completed any required substance abuse treatment or other conditions of the suspension.

A work permit typically allows you to drive to and from work, to school, or to medical appointments on specified days and times. It does not allow you to drive for personal errands, social activities, or any other purpose. If you are stopped by police while driving outside the scope of the permit, you can be charged again with driving on a suspended license.

An attorney can help you prepare the motion, gather supporting documents (such as a letter from your employer or school), and present your case to the judge. The process usually takes two to four weeks. If the court grants the permit, you will receive a court order to carry with you at all times while driving. If you are stopped, you must show both the work permit and your identification to the officer.

The difference between suspension and revocation in Colorado

Colorado distinguishes between a suspension and a revocation, and the difference matters for how you restore your driving privilege. A suspension is temporary — your license is taken away for a set period, after which you can reapply. A revocation is permanent unless the DMV or a court grants reinstatement, which is much harder to obtain.

Most suspensions last 12 months, though some last longer depending on the reason. For example, a suspension for unpaid traffic fines lasts until the fines are paid; a suspension for a DUI conviction lasts at least one year for a first offense. Once the suspension period ends, you can reapply for a license by visiting a DMV office, paying a reinstatement fee (currently $95 in Colorado), and passing a written test if required.

A revocation typically results from a serious offense, such as a felony DUI conviction, habitual traffic offender status, or a third driving-on-suspended-license conviction. To get a revoked license reinstated, you must petition the DMV or the court, provide evidence of rehabilitation, and often complete a substance abuse evaluation or other remedial program. The DMV has discretion to deny reinstatement even after you meet the stated requirements.

If you are charged with driving on a suspended license, an attorney can review the original suspension order to determine whether it was lawful and whether you have any grounds to challenge it. In some cases, the suspension itself can be overturned, which would eliminate the criminal charge.

What happens to your vehicle when you are arrested

When you are arrested for driving on a suspended license, your vehicle is impounded under Colorado law. The impound is mandatory — the police do not have discretion to let you leave the car parked on the street or have someone else pick it up when ready. Your car goes to a towing facility, usually one contracted by the Denver Police Department or the county sheriff.

You must pay a towing fee (typically $150 to $300) and a daily storage fee (typically $25 to $50 per day) to retrieve your vehicle. These fees accumulate quickly. If you cannot pay within 30 days, the towing company may sell the vehicle at auction to cover the costs. You will receive notice of the sale, but you have limited time to object or reclaim the car.

An attorney can file a motion to release the vehicle from impound before trial, especially if the impound is causing you financial hardship or if the vehicle is needed for work. The court has discretion to order release if you can show that the vehicle is essential and that you will not drive it while your license is suspended. You may be required to surrender the keys to a family member or friend, or to install an ignition interlock device.

How a criminal record for this charge affects your future

A conviction for driving on a suspended license creates a permanent criminal record in Colorado. This record will appear on background checks for employment, housing, professional licenses, and loans. Many employers, especially those in transportation, security, or positions requiring a valid driver's license, will not hire someone with this conviction.

If you are not a U.S. citizen, a conviction can trigger deportation proceedings. Even a misdemeanor conviction can be grounds for removal, and you should consult with an immigration attorney when ready if you are facing charges.

You may be able to have the conviction sealed or expunged after a certain period, depending on the outcome of your case. If you are convicted, you can petition to seal the record after five years. If the charges are dismissed or you are acquitted, you can petition to seal the record when ready. A sealed record does not erase the conviction, but it removes it from public view and allows you to answer "no" on most job applications when asked about criminal history.

Finding and working with a Denver criminal defense attorney

If you have been charged with driving on a suspended license, you have the right to an attorney. If you cannot afford one, you can request a public defender at your first court appearance. If you choose to hire a private attorney, look for someone with experience in Denver District Court and a track record of handling misdemeanor traffic cases.

When you meet with an attorney, bring all documents related to your case: the arrest report, the citation, any notice of suspension from the DMV, and any correspondence from the court. Be honest about the facts — your attorney cannot help you if you withhold information. Ask about the attorney's experience with similar cases, what the likely outcomes are, and what the fees will be.

An attorney can negotiate with the prosecutor, file motions to suppress evidence or dismiss charges, and represent you at trial. The earlier you hire an attorney, the more time they have to investigate and prepare your defense. Do not wait until your court date to seek help.

Frequently Asked Questions

Can I get a work permit if I have been charged but not yet convicted?

Yes. You can request a work permit from the court at any time, even before trial. The court will consider your request based on your need to drive for work or school, not on the outcome of your case. However, if you are convicted and sentenced to jail time, the work permit may be revoked or suspended during your incarceration.

What if I did not know my license was suspended?

Lack of knowledge is not a defense in Colorado. The law assumes you received notice if the DMV mailed it to your address of record. However, if you can prove the DMV failed to follow proper notification procedures, an attorney may be able to challenge the suspension itself, which would eliminate the criminal charge.

Will I go to jail for a first offense?

Yes. Colorado law requires a mandatory minimum of 10 days in jail for a first offense of driving on a suspended license. A judge cannot sentence you to less than 10 days, though they may recommend work-release or jail-alternative programs. An attorney can negotiate a plea to a lesser charge to avoid jail time, but this requires prosecutor agreement.

Can I drive to court for my hearing if my license is suspended?

No. Driving to court while your license is suspended is another violation of the same statute. Arrange transportation with a family member, friend, or rideshare service. If you cannot afford transportation, tell your attorney — they may be able to request a continuance or appear on your behalf at certain hearings.

How much will it cost to hire an attorney?

Private attorney fees vary. A straightforward case with a likely plea agreement may cost $500 to $1,500. A case that goes to trial can cost $2,000 to $5,000 or more. Ask for a flat fee or hourly rate upfront, and get the agreement in writing. If you cannot afford a private attorney, request a public defender at your first court appearance.