Colorado treats driving on a suspended license as a criminal offense, not a minor traffic violation

If your license is suspended in Colorado and you drive anyway, you face criminal charges — not just a ticket. The offense is codified in Colorado Revised Statutes section 42-2-138, and the penalties depend on why your license was suspended and how many times you have been convicted of the same offense. A first offense can result in jail time, fines, and a longer suspension. A second or subsequent offense within seven years carries mandatory jail time and steeper fines.

The reason your license was suspended matters legally. Suspensions fall into several categories: administrative suspensions (usually for refusing a breath test or failing one after a DUI arrest), court-ordered suspensions (imposed as part of a sentence), and suspensions by the Colorado Department of Revenue (for unpaid traffic tickets, child support arrears, or other administrative reasons). Each category has different reinstatement procedures, and driving during any of them is illegal.

Colorado law does not distinguish between knowing and unknowingly driving on a suspended license — the offense is strict liability. You cannot defend yourself by saying you did not realize your license was suspended. The state assumes you have a duty to know the status of your driving privilege.

Key Takeaways

  • Driving on a suspended license in Colorado is a criminal offense with potential jail time, fines, and vehicle impound, not a civil traffic violation.
  • A first offense can result in up to 10 days in jail and fines between $300 and $1,000, plus a mandatory six-month license extension beyond the original suspension period.
  • A second or subsequent offense within seven years carries a mandatory minimum of 10 days in jail and fines up to $1,000, with possible vehicle impound.
  • You can check your license status through the Colorado Department of Revenue website or by calling their driver's license section before driving.
  • Some suspensions allow for a work permit or essential travel permit, which you must obtain before driving for any reason.

Criminal penalties for a first offense

A first conviction for driving with a suspended license in Colorado is a Class 2 misdemeanor. The court can sentence you to up to 10 days in jail, impose a fine between $300 and $1,000, or both. Additionally, the court must extend your suspension period by at least six months beyond the original end date — meaning if your license was suspended for one year, it will now be suspended for at least 18 months.

The court also has discretion to order your vehicle impounded. If impounded, you will owe towing and storage fees, which can range from $200 to $500 or more depending on the towing company and how long the vehicle sits. You cannot retrieve your vehicle until you pay these fees and provide proof that your license is no longer suspended.

If you were driving someone else's vehicle, that person may face liability issues with their insurance company, and the vehicle itself may be seized under Colorado's vehicle seizure laws if the driver is a habitual traffic offender.

Penalties for repeat offenses within seven years

A second or subsequent conviction within seven years is still a Class 2 misdemeanor, but the mandatory minimum jail sentence increases to 10 days. The fine remains between $300 and $1,000, but judges have less discretion to suspend jail time. Vehicle impound becomes more likely, and the license suspension extension becomes longer — typically an additional 12 months or more.

If you accumulate three or more convictions for driving with a suspended license within a 10-year period, you may be classified as a habitual traffic offender under Colorado law. This designation carries separate penalties and makes it much harder to reinstate your license. A habitual traffic offender designation can remain on your record for years and affects your ability to obtain a license in other states.

How to check your license status before driving

The Colorado Department of Revenue maintains a public database where you can check whether your license is currently suspended. Visit the Colorado Department of Revenue website and use their driver's license status tool. You will need your driver's license number and date of birth. The system shows whether your license is valid, suspended, revoked, or expired.

You can also call the Colorado Department of Revenue Driver's License Section at 303-205-5613 during business hours (Monday through Friday, 8 a.m. to 4:30 p.m. Mountain Time). Have your license number and date of birth ready. Staff can tell you the reason for any suspension and the date it is scheduled to end.

If you discover your license is suspended, do not drive. Instead, contact the agency that issued the suspension to understand your options for reinstatement or for a work permit or essential travel permit if one is available.

Work permits and essential travel permits

Colorado allows courts and the Department of Revenue to issue work permits (also called employment permits) or essential travel permits in certain suspension cases. These permits do not restore your full driving privilege, but they allow you to drive for specific purposes — usually to and from work, medical appointments, or court-ordered programs — during the suspension period.

To request a work permit, you must file a petition with the court that imposed the suspension, or with the Department of Revenue if the suspension is administrative. You will need to show that driving is essential to your employment or to meet a court-ordered obligation. The court or agency has discretion to grant or deny the permit. If granted, you must carry the permit with you whenever you drive, and you can only drive for the purposes listed on the permit.

A work permit is not automatic and is not a right. Courts and the Department of Revenue grant them based on the circumstances of your case and the reason for the suspension. If your suspension is for a DUI-related offense, obtaining a permit is more difficult than if your suspension is for unpaid tickets.

Reinstatement requirements after suspension ends

When your suspension period ends, your license does not automatically become valid again. You must take active steps to reinstate it. The reinstatement process depends on the reason for the suspension.

For administrative suspensions (unpaid tickets, child support arrears, or other non-criminal reasons), you must resolve the underlying issue — pay the tickets, resolve the child support matter, or satisfy whatever condition caused the suspension. Once resolved, contact the Colorado Department of Revenue to request reinstatement. There is typically a reinstatement fee of $100 to $150.

For court-ordered suspensions related to DUI or other criminal convictions, you may be required to complete a substance abuse evaluation, attend a DUI education program, or install an ignition interlock device before reinstatement is possible. The court order will specify these requirements. You must provide proof of completion to the Department of Revenue before your license is restored.

Consequences beyond the criminal record

A conviction for driving with a suspended license creates a criminal record that appears on background checks for employment, housing, and professional licensing. Some employers, particularly those in transportation, security, or positions requiring a clean driving record, will not hire someone with this conviction.

Insurance companies will see the conviction and may refuse to insure you, or they may charge significantly higher premiums. If you are insured at the time of the offense, your insurer may cancel your policy. Future insurers will consider you a high-risk driver.

If you are not a U.S. citizen, a conviction for driving with a suspended license can have immigration consequences. Depending on your immigration status, a criminal conviction may trigger deportation proceedings or make you ineligible for certain immigration benefits.

What to do if you are stopped while driving on a suspended license

If a police officer stops you and discovers your license is suspended, you will be cited or arrested on the spot. Do not argue with the officer or claim you did not know your license was suspended — that defense does not work under Colorado law. Remain calm, provide your identification, and ask for a copy of the citation.

Do not admit to knowing your license was suspended, but also do not lie to the officer. straightforward say you do not wish to answer questions without a lawyer present. You have the right to remain silent.

After the stop, contact a criminal defense attorney as soon as possible. Many attorneys offer free initial consultations and can advise you on your options, including whether to negotiate with the prosecutor or contest the charge. An attorney can also help you understand the reinstatement process and whether you are may be able to access for a work permit while the case is pending.

Frequently Asked Questions

Can I get a work permit if my license was suspended for a DUI?

Work permits are harder to obtain for DUI-related suspensions, but not impossible. You must petition the court and demonstrate that driving is essential to your employment or to meet a court-ordered requirement like attending a treatment program. The court has discretion and may deny the request. Some DUI suspensions allow for an ignition interlock permit instead, which lets you drive any vehicle equipped with an ignition interlock device.

What if I was not the one driving when I got pulled over?

If someone else was driving your vehicle and the officer discovered your license was suspended, you are still the one cited or arrested — the offense is tied to your license status, not to who was behind the wheel. The other driver may face separate charges for allowing an unlicensed person to operate the vehicle, depending on whether they knew your license was suspended.

How long does a driving-with-suspended-license conviction stay on my record?

A Class 2 misdemeanor conviction in Colorado remains on your criminal record permanently unless you petition for a record seal. You can petition to seal the record after a waiting period, which varies based on whether you were convicted or the charges were dismissed. An attorney can advise you on timing and the likelihood of success.

Can I drive to the Department of Revenue to reinstate my license?

No. Driving to the Department of Revenue office to handle reinstatement paperwork is still driving on a suspended license and is illegal. Handle reinstatement by mail, phone, or online if possible. If you must appear in person, arrange for someone else to drive you, or use a rideshare service.

What is the difference between a suspended and revoked license in Colorado?

A suspended license is temporary — it ends on a specific date, and you can reinstate it by meeting the requirements. A revoked license is permanent or long-term and typically requires a formal hearing or petition to the Department of Revenue to restore driving privileges. Driving on a revoked license carries the same criminal penalties as driving on a suspended license.