Driving After Revocation Prohibited (or “DARP”) applies to habitual traffic offenders who operate a motor vehicle while their driving privileges are under revocation. This offense is a class 1 misdemeanor, and is punished aggressively across the state.
The mandatory minimum sentence for DARP is a thirty day sentence in the county jail. This sentence can be suspended if the defendant completes between forty and three hundred hours of community service. An individual convicted of DARP cannot be sentenced to probation.
A person commits the offense of Aggravated Driving With A Revoked License if he is a habitual traffic offender and, during the same criminal episode, both drives with a revoked license and commits one of the following: DUI, reckless driving, DWAI, vehicular eluding, or failure to report an accident. This offense is elevated to a class 6 felony, and therefore is subject to a sentence in the department of corrections.
A conviction under this law, whether non-aggravated or aggravated, would constitute a habitual traffic offender strike. Additionally, a conviction would result in a mandatory one year revocation of driving privileges on top of (and in addition to) any other revocation.
Because DARP is such a serious offense, and is punished so severely, it is advisable to consult immediately with a criminal defense attorney should you face such charges.
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Short answer: A Denver arrest does not automatically create a Colorado extreme risk protection order. However, allegations or evidence connected to the arrest can prompt an eligible person or agency to file a separate civil ERPO case. That case may move much faster than the criminal charge.
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