A suspended license itself is not a felony in Colorado

Having your license suspended is a civil penalty, not a criminal one. That means suspension alone will not result in felony charges. However, what you do after your license is suspended can become a felony — specifically, driving with a suspended license can escalate from a misdemeanor to a felony depending on how many times you have been caught and whether you caused harm.

The distinction matters because it changes what you face. A suspension is an administrative action by the Colorado Department of Revenue. A felony is a criminal conviction that goes on your record and carries jail time. Understanding the difference helps you see why getting your license back or following the rules while suspended is urgent.

Key Takeaways

  • A suspended license is not itself a felony; it is a civil penalty issued by the Colorado Department of Revenue.
  • Driving with a suspended license is a misdemeanor the first or second time, but becomes a felony on the third offense within seven years.
  • A felony conviction for driving with a suspended license can result in up to two years in prison and a permanent criminal record.
  • You can request a hearing to challenge your suspension or ask the court for a work permit that allows limited driving.
  • Reinstating your license requires paying reinstatement fees and meeting the conditions that led to the suspension in the first place.

When driving with a suspended license becomes a felony

Colorado law treats repeated driving on a suspended license as increasingly serious. The first or second violation within seven years is a misdemeanor. On the third violation within that same seven-year window, it becomes a felony — specifically, a Class 5 felony.

This means you could face up to two years in prison, fines up to $5,000, and a permanent criminal record. The court may also impose additional license suspension on top of the felony conviction. If you caused an accident or injured someone while driving suspended, the charges can be more severe.

Colorado also has a separate felony charge called "habitual traffic offender" status. If you accumulate certain violations over time — including suspensions — you can be declared a habitual offender, which itself carries felony penalties and can result in up to four years in prison.

Why your license gets suspended in Colorado

Understanding why your license was suspended in the first place helps you avoid the trap of driving illegally. The most common reasons include unpaid traffic fines, failure to pay child support, DUI convictions, accumulating too many points from traffic violations, or failure to maintain car insurance.

Some suspensions are automatic — for example, a DUI conviction triggers a mandatory suspension. Others happen because you missed a court date or ignored a notice from the Colorado Department of Revenue. If you are not sure why your license was suspended, you can contact the Department of Revenue directly or check your driving record online.

What happens if you are caught driving with a suspended license

If a police officer stops you and discovers your license is suspended, you will be cited. For a first offense, you face a fine of $50 to $300 and possible jail time up to 10 days. A second offense within seven years increases the fine to $100 to $500 and jail time up to 30 days.

On a third offense, you are charged with a felony. At that point, you are no longer dealing with a traffic ticket — you are facing criminal court, a criminal record, and potential prison time. The officer may also impound your vehicle, which costs money to retrieve.

Even if you are not caught, driving suspended puts you at legal and financial risk. If you cause an accident, your insurance will not cover it because you were driving illegally. You could be personally liable for all damages, and the other driver could sue you.

How to get your license reinstated in Colorado

Reinstatement is not automatic — you have to take steps to restore your driving privileges. First, you must resolve the reason your license was suspended. If it was suspended for unpaid fines, you pay them. If it was suspended for a DUI, you may need to complete a substance abuse course and install an ignition interlock device.

Next, you pay a reinstatement fee to the Colorado Department of Revenue. This fee varies depending on why your license was suspended, but typically ranges from $95 to several hundred dollars. You can pay online, by mail, or in person at a local driver's license office.

After you have resolved the underlying issue and paid the fee, your license is usually reinstated within a few business days. However, if your suspension was for a serious violation like a DUI, there may be additional requirements such as a written test or a road test before you can drive again.

Requesting a hearing or a work permit

If you believe your suspension was issued in error, or if you need to drive for work or medical reasons, you can request a hearing before the Colorado Department of Revenue. You have 20 days from the date of the suspension notice to request this hearing.

At the hearing, you can present evidence that the suspension was wrong or argue that you have a hardship. If the hearing officer agrees, your suspension may be reduced or lifted. If you lose the hearing, you can appeal to district court.

Alternatively, you can request a work permit (also called a "limited license" or "essential needs license") that allows you to drive only for specific purposes — to and from work, medical appointments, or court-ordered programs. The rules for obtaining a work permit vary by the reason for suspension, so contact your local driver's license office to learn about you may have access to.

How a felony conviction affects your future

A felony conviction for driving with a suspended license stays on your criminal record permanently in Colorado. This affects employment, housing, professional licenses, and voting rights. Many employers run background checks and will not hire someone with a felony conviction. Some landlords will not rent to you.

If you are not a U.S. citizen, a felony conviction can result in deportation. If you own firearms, a felony conviction means you lose the right to possess them. These consequences extend far beyond the when ready fine or jail sentence.

This is why the jump from a misdemeanor to a felony on the third offense is so significant. The first two times you are caught, you still have a chance to avoid a permanent criminal record. After that, the stakes change completely.

Frequently Asked Questions

Can I get a work permit while my license is suspended?

Yes, in many cases. You can request a limited license that allows you to drive for work, medical appointments, or court-ordered programs. The availability depends on why your license was suspended. Contact your local Colorado driver's license office or the Department of Revenue to learn about you may have access to and what documents you need to provide.

What is the difference between a misdemeanor and a felony for driving suspended?

A misdemeanor (first or second offense) results in fines and up to 30 days in jail. A felony (third offense within seven years) results in up to two years in prison, higher fines, and a permanent criminal record. The felony conviction affects employment, housing, and other rights in ways a misdemeanor does not.

If I pay my fines, does my license automatically come back?

Not automatically. You must pay your fines and then submit a reinstatement request to the Colorado Department of Revenue, along with the reinstatement fee. Processing usually takes a few business days. If your suspension was for a DUI or other serious violation, you may have additional requirements before reinstatement.

Can I appeal a suspension if I think it was wrong?

Yes. You have 20 days from the suspension notice to request a hearing with the Colorado Department of Revenue. At the hearing, you can present evidence that the suspension was issued in error. If you lose at the hearing, you can appeal to district court within 30 days.

Does a suspended license show up on a background check?

A suspension itself is a civil matter and may not appear on a criminal background check. However, if you are convicted of driving with a suspended license, that conviction does show up. A felony conviction for this offense will appear on all background checks and affect employment and housing decisions.