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Driving Under Denial (DUD)
In Cases Where The Underlying Restraint Is a Non-Alcohol-Related Restraint
Driving Under Denial is usually charged (there are exceptions) as a Civil Traffic Infraction — except in cases where the underlying driver’s license restraint is for a DUI or DWAI. A conviction may affect your automobile insurance coverage or premium rates for years to come, even after a driver’s license reinstatement when the restraint period is over.
First-time Conviction…
A first-time conviction for this type of Driving Under Denial violation will also result in a mandatory revocation of your driving privileges for one year (to run consecutively to any other restraints already on your driver’s license at the time of the conviction), except in cases where C.R.S. § 42-2-132.5 applies.
Subsequent Convictions…
A subsequent conviction within five years for this type of Driving Under Denial violation will result in a mandatory revocation of your driving privileges for three years (to run consecutively to any other restraints already on your driver’s license at the time of the conviction), except in cases where C.R.S. § 42-2-132.5 applies.
In Cases Where The Underlying Restraint Is an Alcohol-Related Restraint
Driving Under Denial is a serious charge. It is an Unclassified Misdemeanor and a conviction for a first-time Driving Under Denial violation will result in a jail sentence of a mandatory minimum of 30 days up to a maximum of one year, a fine up to $1,000.00 plus court costs and surcharges, restitution, community or useful public service, probation for one year or longer (seldom ordered in driving under restraint cases unless there are aggravating factors), and other possible requirements by the court. A subsequent conviction will result in a jail sentence of a mandatory minimum of 90 days up to a maximum of two years and a fine up to $3,000.00, in addition to the other penalties for this violation. In most cases, a conviction for Driving Under Denial will affect your automobile insurance coverage or premium rates for years to come, even after a driver’s license reinstatement after the restraint period is over.
First-time Conviction…
A first-time conviction for this type of Driving Under Denial violation will also result in a mandatory revocation of your driving privileges for one year (to run consecutively to any other restraints already on your driver’s license at the time of the conviction), except in cases where C.R.S. § 42-2-132.5 applies.
Subsequent Convictions…
A subsequent conviction within five years for this type of Driving Under Denial violation will result in a mandatory revocation of your driving privileges for four years (to run consecutively to any other restraints already on your driver’s license at the time of the conviction), except in cases where C.R.S. § 42-2-132.5 applies.
Alert to All Drivers – HTO Strike
Important: A conviction for Driving Under Denial counts as one strike toward an Habitual Traffic Offender (HTO) Restraint and will result in the loss of driving privileges for a period of five years if certain conditions are present. Be sure that you fully understand the consequences of a conviction for Driving Under Denial on your driving privileges.
Alert to Commercial Drivers License CDL Holders – Major Offense
Important: A conviction for Driving Under Denial, regardless of whether the driver was operating a Commercial Motor Vehicle (CMV) or non-CMV, is a “Major Offense” under the Commercial Drivers License CDL Program and will result in a one-year or life-time CDL Disqualification. Be sure that you fully understand the consequences of this charge on your CDL driving privileges.
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