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Driving After Revocation Prohibited (DARP)

The Charge of Driving After Revocation Prohibited (DARP)

In Cases Where There Are No Aggravators… (See List of Aggravators Below)

Driving After Revocation Prohibited is a serious charge. It is a Class 1 Misdemeanor and a conviction for Driving After Revocation Prohibited may result in a jail sentence of up to eighteen months (with a mandatory minimum term of imprisonment in the county jail for thirty days), a fine up to five thousand dollars, 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), other possible requirements by the court and additional time added to the length of the HTO restraint.

Often, a conviction for this violation will result in a jail sentence of 6 months or more, even for a first Driving After Revocation Prohibited violation.

In Cases Where There Is An Aggravator…

Driving After Revocation Prohibited is a very serious charge. It is an Class 6 Felony and a conviction for Driving After Revocation Prohibited may result in a lengthy jail sentence, large fines and court costs, other judicial penalties, and additional time added to the length of the HTO restraint. See Felonies for more information.

Driving After Revocation Prohibited may be charged when a driver, who was previously administratively determined to be an Habitual Traffic Offender (HTO), commits any of the following offenses:

a. DUI or DUI per se;
b. DWAI;
c. Reckless Driving, as described in C.R.S. 42-4-1401;
d. Eluding or Attempting to Elude a Police Officer, as described in C.R.S. 42-4-1413;
e. Violation of the requirements for accidents and reporting in C.R.S. 42-4-1601 to 42-4-1606; or
f. Vehicular Eluding, as described in C.R.S. 18-9-116.5.
Alert to All Drivers – HTO Strike
Important: A conviction for Driving After Revocation Prohibited 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 After Revocation Prohibited on your driving privileges.
Alert to Commercial Drivers License CDL Holders – Major Offense
Important: A conviction for Driving After Revocation Prohibited, 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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