Meaning of restraint
For this statute, restraint generally includes denial, revocation, or suspension of the privilege to drive in Colorado or another state.
Alcohol-related and non-alcohol classifications
Current law distinguishes non-alcohol-related restraints, generally addressed as traffic infractions, from restraints based wholly or partly on specified alcohol- or drug-driving events, which are addressed as misdemeanor traffic offenses.
Knowledge and reinstatement are separate subjects
The statute addresses actual knowledge and circumstances that may support an inference of knowledge. A court disposition and administrative license status are different records.
The end of a stated restraint period does not necessarily complete the administrative reinstatement process or establish a valid credential.
Common questions
Frequently asked questions
What does under restraint mean in Colorado?
For this law, it generally means the license or driving privilege was denied, suspended, or revoked in Colorado or another state.
Is every driving-under-restraint allegation a misdemeanor?
No. Current law distinguishes non-alcohol restraints, generally treated as traffic infractions, from specified alcohol- or drug-related restraints treated as misdemeanor traffic offenses.
What knowledge element does the statute describe?
The statute addresses actual knowledge and circumstances that may support an inference of knowledge.
Does a license automatically become valid when a stated restraint period ends?
Not necessarily. Administrative reinstatement requirements and issuance of a valid credential are separate subjects.
Can a new conviction affect a later reinstatement date?
Some statutory provisions create additional ineligibility after a qualifying conviction committed during a restraint. The governing record and provision determine the period.
Official Colorado and federal sources
These official government sources support the factual copy above. Source availability, laws, and agency information can change.
- Colorado Revised Statutes 2026, Title 42 — § 42-2-138
- Colorado DMV — Driver Records, Suspensions and Reinstatements
- Colorado DMV — Process to Reinstate Driving Privilege
- Colorado DMV — Restraint Definitions
Sources checked August 22, 2026. Attorney reviewed August 22, 2026.