Section 42-2-206 - Driving after revocation prohibited(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:(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.Amended by 2021 Ch. 462,§711, eff. 3/1/2022.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. 1158, 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. 996, p. 996, § 4, effective August 5. L. 2021: (1)(a) and (1)(b)(II) amended, (SB 21-271), ch. 3301, p. 3301, § 711, effective March 1, 2022.(1) Amendments to subsection (1)(a) by House Bill 00-1107 and House Bill 00-1426 were harmonized.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For a class 1 or class 2 traffic misdemeanor, see §42-4-1701(3). (2) For the legislative declaration contained in the 2002 act amending subsections (1)(a)(II) and (1)(b)(II), see section 1 of chapter 318, Session Laws of Colorado 2002.