(1) (a) Except as
provided in subsection (1.5) of this section, any person who drives a motor vehicle or
off-highway vehicle upon any highway of this state with knowledge that the
person's license or privilege to drive, either as a resident or a nonresident, is under
restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is
guilty of a class A traffic infraction.
(b) Upon a second or subsequent conviction under paragraph (a) of this
subsection (1) within five years after the first conviction thereunder, in addition to
any penalty imposed pursuant to said paragraph (a) of this subsection (1), except as
may be permitted by section 42-2-132.5, the defendant shall not be eligible to be
issued a driver's or minor driver's license or extended any driving privilege in this
state for a period of three years after such second or subsequent conviction.
(c) This subsection (1) shall apply only to violations committed on or after
July 1, 1974.
(d) (I) A person who drives a motor vehicle or off-highway vehicle upon any
highway of this state with knowledge that the person's license or privilege to drive,
either as a resident or nonresident, is restrained under section 42-2-126 (3), is
restrained solely or partially because of a conviction of DUI, DUI per se, DWAI, or
UDD, or is restrained in another state solely or partially because of an alcohol-related driving offense commits a class 2 misdemeanor traffic offense. Upon a
second or subsequent conviction, the person shall be punished by a fine of not less
than five hundred dollars nor more than three thousand dollars.
(II) In any trial for a violation of subparagraph (I) of this paragraph (d), a duly
authenticated copy of the record of the defendant's former convictions and
judgments for DUI, DUI per se, DWAI, or UDD or an alcohol-related offense
committed in another state from any court of record or a certified copy of the
record of any denial or revocation of the defendant's driving privilege under section
42-2-126 (3) from the department shall be prima facie evidence of the convictions,
judgments, denials, or revocations and may be used in evidence against the
defendant. Identification photographs and fingerprints that are part of the record of
the former convictions, judgments, denials, or revocations and the defendant's
incarceration after sentencing for any of the former convictions, judgments,
denials, or revocations shall be prima facie evidence of the identity of the
defendant and may be used in evidence against the defendant.
(e) Upon a second or subsequent conviction under subparagraph (I) of
paragraph (d) of this subsection (1) within five years after the first conviction
thereunder, in addition to the penalty prescribed in said subparagraph (I), except as
may be permitted by section 42-2-132.5, the defendant shall not be eligible to be
issued a driver's or minor driver's license or extended any driving privilege in this
state for a period of four years after such second or subsequent conviction.
(f) Upon a verdict or judgment of guilt for a violation of subsection (1)(a) or
(1)(d) of this section, the court shall require the offender to immediately surrender
the offender's driver's license, minor driver's license, temporary driver's license, or
instruction permit issued by this state, another state, or a foreign country. The court
shall forward to the department a notice of the verdict or judgment of guilt on the
form prescribed by the department, together with the offender's surrendered
license or permit. Any person who violates the provisions of this subsection (1)(f) by
failing to surrender his or her license or permit to the court commits a class 2
misdemeanor traffic offense.
(1.5) Any person who drives a motor vehicle or off-highway vehicle upon any
highway of this state with knowledge that the person's license or privilege to drive,
either as a resident or a nonresident, is under restraint for an outstanding judgment
is guilty of a class A traffic infraction as defined in section 42-4-1701 (3).
(2) (a) In a prosecution for a violation of this section, the fact of the restraint
may be established by certification that a notice was mailed by first-class mail
pursuant to section 42-2-119 (2) to the last-known address of the defendant, or by
the delivery of such notice to the last-known address of the defendant, or by
personal service of such notice upon the defendant.
(b) In a prosecution for a violation of this section, the fact of restraint in
another state may be established by certification that notice was given in
compliance with such state's law.
(2.5) A municipality may enforce violations of subsection (1.5) of this section
in municipal court. A municipal court shall not waive or reduce the three-point
penalty.
(3) The department, upon receiving a record of conviction or accident report
of any person for an offense committed while operating a motor vehicle, shall
immediately examine its files to determine if the license or operating privilege of
such person has been restrained. If it appears that said offense was committed
while the license or operating privilege of such person was restrained for a reason
other than an outstanding judgment, except as permitted by section 42-2-132.5, the
department shall not issue a new license or grant any driving privileges for an
additional period of one year after the date such person would otherwise have been
entitled to apply for a new license or for reinstatement of a suspended license and
shall notify the district attorney in the county where such violation occurred and
request prosecution of such person under subsection (1) of this section.
(4) For purposes of this section, the following definitions shall apply:
(a) Knowledge means actual knowledge of any restraint from whatever
source or knowledge of circumstances sufficient to cause a reasonable person to
be aware that such person's license or privilege to drive was under restraint.
Knowledge does not mean knowledge of a particular restraint or knowledge of
the duration of restraint.
(b) Restraint or restrained means any denial, revocation, or suspension of
a person's license or privilege to drive a motor vehicle in this state or another state.
(5) It shall be an affirmative defense to a violation of this section, based upon
a restraint in another state, that the driver possessed a valid driver's license issued
subsequent to the restraint that is the basis of the violation.
Source: L. 94: Entire title amended with relocations, p. 2155, � 1, effective
January 1, 1995. L. 2000: (1)(f) added, p. 683, � 2, effective July 1; (1)(b), (1)(e), and (3)
amended, p. 1082, � 12, effective January 1, 2001; (1)(b) and (1)(e) amended, p. 1358, �
34, effective July 1, 2001. L. 2005: (1)(d), (2), (3), and (4)(b) amended and (5) added,
p. 648, � 17, effective May 27. L. 2008: (1)(a) and (1)(d) amended, p. 249, � 13,
effective July 1. L. 2010: (1)(a), (1)(b), and (1)(f) amended, (HB 10-1090), ch. 45, p. 171, �
1, effective August 11. L. 2013: (1)(a) and (1)(d) amended, (HB 13-1325), ch. 331, p.
1882, � 11, effective May 28. L. 2017: (1)(a) and (3) amended and (1.5) and (2.5)
added, (HB 17-1162), ch. 208, p. 810, � 1, effective August 9. L. 2020: (1)(f) amended,
(SB 20-136), ch. 70, p. 299, � 53, effective September 14. L. 2021: (1)(a) and (1)(d)(I)
amended, (SB 21-271), ch. 462, p. 3300, � 710, effective March 1, 2022. L. 2022: (1)(d)(I) amended, (HB 22-1229), ch. 68, p. 347, � 36, effective March 1.