§ 42-2-206 — Driving after revocation prohibited

Colorado § 42-2-206

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Drivers' Licenses

Text

(1) (a) (I) It is unlawful for any
person to operate any motor vehicle in this state while the revocation of the
department prohibiting the operation remains in effect. Any person found to be an
habitual offender, who operates a motor vehicle in this state while the revocation of
the department prohibiting such operation is in effect, commits a class 2 traffic
misdemeanor.

(II) Any person convicted of violating subsection (1)(a)(I) of this section shall
be sentenced to a mandatory minimum term of imprisonment in the county jail for
thirty days, or a mandatory minimum fine of three thousand dollars, or both. The
minimum jail sentence and fine required by this subsection (1)(a)(II) shall be in
addition to any other penalty provided in section 42-4-1701. The court may suspend
all or a portion of the mandatory jail sentence or fine if the defendant successfully
completes no less than forty hours, and no greater than three hundred hours, of
useful public service. In no event shall the court sentence the convicted person to
probation. Upon the defendant's successful completion of the useful public service,
the court shall vacate the suspended sentence. In the event the defendant fails or
refuses to complete the useful public service ordered, the court shall impose the
jail sentence, fine, or both, as required under this subsection (1)(a)(II).

(b) (I) A person commits the crime of aggravated driving with a revoked
license if he or she is found to be an habitual offender and thereafter operates a
motor vehicle in this state while the revocation of the department prohibiting such
operation is in effect and, as a part of the same criminal episode, also commits any
of the following offenses:

(A) and (B) Repealed.

(C) Reckless driving, as described in section 42-4-1401;

(D) Eluding or attempting to elude a police officer, as described in section
42-4-1413;

(E) Violation of any of the requirements specified for accidents and accident
reports in sections 42-4-1601 to 42-4-1606; or

(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.

(II) Aggravated driving with a revoked license is a class 1 traffic
misdemeanor; except that a court shall sentence the offender to a mandatory
minimum term of imprisonment of sixty days in the custody of a county jail.

(III) If a defendant is convicted of aggravated driving with a revoked license
based upon the commission of DUI, DUI per se, or DWAI pursuant to sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (b), as that crime
existed before August 5, 2015:

(A) The court shall convict and sentence the offender for each offense
separately;

(B) The court shall impose all of the penalties for the alcohol-related driving
offense, as such penalties are described in section 42-4-1307;

(C) The provisions of section 18-1-408, C.R.S., shall not apply to the
sentences imposed for either conviction;

(D) Any probation imposed for a conviction under this section may run
concurrently with any probation required by section 42-4-1307; and

(E) The department shall reflect both convictions on the defendant's driving
record.

(2) For the purpose of enforcing this section in any case in which the accused
is charged with driving a motor vehicle while such person's license, permit, or
privilege to drive is revoked or is charged with driving without a license, the court,
before hearing such charges, shall require the district attorney to determine
whether such person has been determined to be an habitual offender and by reason
of such determination is barred from operating a motor vehicle on the highways of
this state. If the district attorney determines that the accused has been so held, the
district attorney shall cause the appropriate criminal charges to be lodged against
the accused.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2160, � 1, effective January 1, 1995. L. 99: (1) amended, p. 796, � 9, effective July 1. L. 2000: (1)(a) amended, p. 682, � 1, effective July 1; (1)(a) and IP(1)(b)(I) amended and (1)(b)(I)(F) added, p. 710, � 46, effective July 1. L. 2002: (1)(a)(II) and (1)(b)(II) amended, p. 1560, � 364, effective October 1. L. 2008: (1)(b)(I)(A) and (1)(b)(I)(B) amended, p. 251, � 16, effective July 1. L. 2010: (1)(b)(III) added, (HB 10-1347), ch. 258, p. 1158, � 3, effective July 1. L. 2015: (1)(b)(I)(A) and (1)(b)(I)(B) repealed and (1)(b)(II) and IP(1)(b)(III) amended, (HB 15-1043), ch. 262, p. 996, � 4, effective August 5. L. 2021: (1)(a) and (1)(b)(II) amended, (SB 21-271), ch. 462, p. 3301, � 711, effective March 1, 2022.