Colorado treats driving with a suspended license as a criminal offense, not a traffic violation
If you are stopped while driving on a suspended Colorado license, you will be arrested and charged with a misdemeanor. This is not a ticket you can pay and move on from — it is a criminal charge that goes on your record and can result in jail time, fines, and additional license suspension. The severity of the charge depends on why your license was suspended and whether this is your first offense.
Colorado law divides suspended-license charges into two categories: driving with a suspended license (the most common) and driving with a revoked license (more serious). A suspended license is temporary — it can be reinstated once you meet certain conditions. A revoked license is permanent until you go through a formal reinstatement process with the Colorado Department of Revenue. Being caught driving on either one is a crime.
Key Takeaways
- Driving on a suspended Colorado license is a misdemeanor that results in arrest, not a citation you can pay at the roadside.
- First-time offenders face up to 90 days in jail, fines between $300 and $1,000, and automatic license suspension extension.
- Repeat offenders within five years face felony charges, up to one year in jail, and fines up to $5,000.
- Your vehicle will be impounded, and you will need to pay towing and storage fees before you can recover it.
- A criminal record for this offense can affect employment, housing, and professional licensing in Colorado.
when ready consequences at the traffic stop
When a Colorado officer runs your license and discovers it is suspended, you will be taken into custody. You will not be issued a citation and released — you will be arrested and transported to the local police station or county jail for booking. During this process, your vehicle will be towed and impounded at a facility designated by the arresting agency.
You will be booked, photographed, and fingerprinted. The officer will document the reason your license was suspended (unpaid traffic fines, DUI-related suspension, medical suspension, or administrative suspension) and note whether you have prior convictions for the same offense. You will be held until you can post bail or be released on your own recognizance, which depends on the county and the judge's assessment of flight risk.
Towing and impound fees begin when ready. Most Colorado counties charge $150 to $300 for towing and $25 to $50 per day for storage. If your vehicle sits in impound for two weeks while you arrange bail and a court date, you could owe $500 to $1,000 before you even recover the car.
Criminal charges and sentencing for a first offense
A first conviction for driving with a suspended license in Colorado is a Class 2 misdemeanor. The sentence includes up to 90 days in jail, a fine of $300 to $1,000, or both. The judge has discretion and may impose probation instead of jail time, but a fine is almost always imposed.
In addition to the criminal sentence, your license suspension is automatically extended. If your license was suspended for 30 days, the court will extend it by an additional period — typically 6 months to one year. This means you cannot legally drive in Colorado until the new suspension period ends, even if you pay all fines and complete probation.
The criminal conviction itself is permanent. It will appear 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 you after a conviction for driving with a suspended license.
Enhanced penalties for repeat offenses and habitual traffic offenders
If you have been convicted of driving with a suspended license within the past five years, a second offense becomes a Class 1 misdemeanor. The penalty increases to up to one year in jail, fines of $500 to $5,000, or both. A third offense within five years can be charged as a felony, carrying up to 18 months in prison.
Colorado also has a habitual traffic offender designation. If you accumulate 12 or more points on your driving record within 12 months, or 18 or more points within 24 months, you are declared a habitual traffic offender. Driving while designated as a habitual traffic offender is a felony, regardless of whether it is your first or fifth suspension-related stop. The penalty is up to one year in prison and fines up to $1,000.
Once you are declared a habitual traffic offender, your license is revoked (not suspended) for a minimum of one year. After that year, you must petition the Colorado Department of Revenue for reinstatement and demonstrate that you are a safe driver. Even then, reinstatement is not may provide.
What happens to your vehicle and how to recover it
Your vehicle is impounded under Colorado law when you are arrested for driving with a suspended license. You cannot straightforward pick it up by paying the towing fee — the vehicle is held as evidence and will not be released until you resolve the criminal case or post a bond for its release.
To recover your vehicle before trial, you must file a motion with the court requesting release of the vehicle. You will need to show that you have a valid reason for needing it (such as work or medical appointments) and that you will not drive it. The judge may release it on the condition that someone with a valid license drives it, or may require you to post an additional bond.
Storage fees continue to accrue daily. If your case takes three months to resolve, you could owe $2,000 to $4,500 in towing and storage alone. These fees are separate from any criminal fines or restitution the court orders.
How a criminal record affects your future in Colorado
A conviction for driving with a suspended license creates a permanent criminal record in Colorado. This record is visible to employers, landlords, and licensing boards. Many employers conduct background checks and will not hire someone with a misdemeanor conviction, particularly if the job involves driving or positions of trust.
Landlords in Colorado can legally deny housing based on a criminal record, and many do. A conviction for driving with a suspended license signals to a landlord that you have ignored court orders or legal obligations, which raises concerns about whether you will pay rent on time.
If you hold a professional license (nursing, teaching, real estate, contracting), a criminal conviction can trigger a disciplinary review by your licensing board. Some boards will suspend or revoke your license based on a misdemeanor conviction, even if it is not directly related to your profession.
Options after arrest: bail, court dates, and representation
After booking, you will be brought before a judge within 72 hours for a bail hearing. The judge will set bail based on your criminal history, ties to Colorado, employment, and the reason your license was suspended. If you have no prior criminal record and were suspended for unpaid traffic fines (rather than DUI or reckless driving), bail is often set at $500 to $1,500. If you have prior convictions or were suspended for DUI, bail can be $2,000 to $5,000 or higher.
You have the right to a public defender if you cannot afford an attorney. Request one at your bail hearing. A public defender can negotiate with the prosecutor, request bail reduction, and represent you at trial. Many suspended-license cases are resolved through plea agreements rather than trial, and an attorney can often negotiate a reduced charge or sentence.
Your first court appearance is called an advisement. At this hearing, you will be informed of the charges, your rights, and the potential penalties. You do not have to enter a plea at this hearing — you can request time to consult with an attorney. Do not plead guilty without legal counsel, even if you believe you are guilty. An attorney may identify defenses or negotiation opportunities you are not aware of.
Frequently Asked Questions
Can I get the charges dismissed if I reinstate my license before trial?
No. Reinstating your license after arrest does not dismiss the criminal charges. The charge is based on your status at the time of the stop, not your current status. However, reinstating your license before sentencing may influence the judge to impose a lighter sentence, such as probation instead of jail time.
What if the officer did not know my license was suspended?
It does not matter. If your license was suspended and you were driving, you committed the offense. The officer's knowledge is irrelevant. Your only defense would be if the suspension was issued in error by the Colorado Department of Revenue, which is rare and requires evidence from the department itself.
Will I lose my job if I am convicted?
That depends on your employer and your job. If your job requires a valid driver's license (delivery, rideshare, commercial driving), you will likely lose it because your license will be suspended. If your job does not require driving, your employer may still terminate you based on the criminal conviction, depending on company policy and Colorado employment law.
How long does a suspended-license conviction stay on my record in Colorado?
A misdemeanor conviction is permanent and does not expire. It will appear on background checks for the rest of your life unless you petition for a record seal, which is only possible in limited circumstances and requires a court order.
Can I get a work permit to drive during my suspension?
Colorado does not issue work permits or hardship licenses for criminal suspensions. You cannot legally drive for any reason during a court-ordered suspension. Your only option is to petition the court for early reinstatement, which is rarely granted and requires evidence of extraordinary hardship.