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Can I leave the state of Mississippi after being charged with a dui? for travel and also to move out of state?

Brandon, MS |

I recently was charged with a dui. I have a trip planned to Colorado in march. I plan on moving there in June. But I know I will be on probation for 5 years. This is my first offense..but I didnt know if i need permission for the trip and/or for when I plan to move.

Attorney Answers 3


  1. A DUI First offense is generally a misdemeanor offense unless there is an aggravating factor which escalates the charge to a felony. Assuming that your DUI charge is a misdemeanor offense, you certainly are free to take a trip as long as you appear on the scheduled court date. Likewise, you are free to move out of state even if convicted if you comply with the conditions placed on you by the court.

    Additionally, I question where your assumption of five years probation comes from. A DUI First offense conviction is a misdemeanor and according to Mississippi law shall result in a fine of not less than $250.00 and not more than $1,000.00, or imprisonment in jail for not more than 48 hours, or both. Attendance at a victim impact panel may be substituted for jail time. Additionally, you will be required to attend and complete one or more alcohol safety education programs. Finally, your driver's license will be suspended for a period of not less than 90 days.

    I have added a link where you may find additional helpful information.


  2. A DUI first or second offense is a misdemeanor,and unless your bondsman has restrictions on your out of state travel ,you are free to travel to Colorado.However do not miss any court dates or the bondsman will take you into the jail and get off your bond.Please visit my informational web site WWW.mississippidui.com,or see my publication by Thompson/West titled MISSISSIPPI DUI LAW AND PRACTICE,2010


  3. Let's assume that the reader from Brandon, Mississippi intends to drive to Colorado for his/her scheduled trip in March:

    Something else to consider - in addition to the other responses - concerns the issue with a DRIVING PERMIT. Assuming that you either (a) allegedly failed a chemical test of your breath (most common), blood, or urine, or alternatively, (b) allegedly refused* to submit to such a chemical test, if offered, your driver's license should have been confiscated by the arresting officer, and you should have received a temporary driving permit in receipt for the confiscation of the driver's license.

    If you allegedly failed the test, you should have received a temporary driving permit form IP-12E (it is noted on the bottom-right corner of the form) which is valid for thirty (30) days. However, this can be extended to allow for lawful, valid driving privileges (for your planned trip to Colorado) if proper steps are followed, which usually requires legal assistance with an attorney who is competent, qualified, and skilled in the area of DUI defense in Mississippi.

    If you allegedly refused* to take the test, you should have received a temporary driving permit form IP-14E (again, noted on the bottom-right corner) which is valid for forty-five (45) days. At the expiration of this period of time, or alternatively when the Mississippi Department of Public Safety notifies you by U.S. mail of a license suspension start date, your driver's license will be administratively suspended for ninety (90) days if this is a first offense DUI. If it is a DUI second or subsequent offense, the period of administrative suspension is for one (1) year. A "hardship" driver's license, "restricted license," or "work permit" is NOT available in these circumstances. However, what is available is the right to challenge this administrative driver's license suspension in court. This can only be accomplished if the proper and appropriate petition for challenging this suspension is duly filed in the proper court, and CRITICALLY, within ten (10) days of the notice stated on the Mississippi Department of Public Safety's suspension notice. Time is absolutely of the essence in this situation, and qualified legal assistance is a must! If a court determines that the driver's license was erroneously suspended - and this could be for any number of reasons, including but not limited to a lack of probable cause to suspect the crime of DUI had been committed on a public road, street or highway - then a court order would be entered directing the Mississippi Department of Public Safety to reverse its previous administrative suspension of the driver's license.

    I have written and submitted this response because, among other things, the act of driving while your license is suspended (ignorance of such is usually not a valid defense), or DWLS, is a serious crime too. So for the person from Brandon who asked the original question, you definitely want to be sure that you are driving lawfully - assuming that you would in fact be driving while your DUI charge is pending.

    *Note that I used the phrase "allegedly refused." This is because Mississippi statutory law defines "refusal" broadly, which includes the failure to submit a sufficient breath sample. Sometimes, a DUI suspect truly attempts to blow, but for whatever reason (for example, lung problems), he/she is unable to submit a sufficient amount of air into the Intoxilyzer 8000.

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