Non-Adjudication for DUI in Mississippi

In Mississippi, being charged with a first-time DUI (Driving Under the Influence) offense is a serious matter. However, Mississippi law offers a unique opportunity for eligible first-time offenders to avoid a formal conviction through a process called non-adjudication.

This legal mechanism can significantly reduce the long-term consequences of a DUI arrest, such as a permanent criminal record or license suspension, if the defendant successfully meets court-imposed conditions.

This article provides a comprehensive overview of non-adjudication for DUI in Mississippi, including eligibility criteria, legal procedures, statutory requirements, and the benefits and limitations of pursuing this alternative disposition.

What Is Non-Adjudication in Mississippi DUI Cases?

Non-adjudication is a legal process in Mississippi whereby a defendant pleads guilty to a DUI charge, but the court withholds a formal conviction. If the defendant completes all court-ordered requirements, the case is dismissed and does not result in a final conviction.

The process is governed by Miss. Code Ann. § 63-11-30(14) and is only available to individuals who meet specific statutory criteria. Successful completion of a non-adjudication program can help preserve a clean criminal record and minimize the impact of a DUI on future employment, education, and housing opportunities.

Who Qualifies for DUI Non-Adjudication in Mississippi?

Eligibility for non-adjudication is limited to certain first-time DUI offenders. As of the most recent amendments to the law, you may be eligible if:

• You haven’t been convicted of a DUI previously or haven non-adjudicated DUI charges in any jurisdiction.
  
• Your current DUI offense is a first offense, as defined under § 63-11-30.
  
• You did not refuse a breath, blood, or urine test unless the court finds good cause for refusal.
  
• There were no injuries or fatalities resulting from the DUI incident.
  
• You did not hold a commercial driver’s license (CDL) at the time of the offense.
  

⚠️ Important: CDL holders are categorically excluded from non-adjudication eligibility under Mississippi DUI law.

The court retains discretion over whether to allow non-adjudication, even if the offender meets all criteria. Legal representation is crucial to properly petitioning for the program and demonstrating that non-adjudication is appropriate.

Statutory Basis: Miss. Code Ann. § 63-11-30(14)

Eligibility for non-adjudication is explained under Mississippi Code § 63-11-30(14):

“A person is eligible for nonadjudication of an offense under this Section 63-11-30 only one (1) time under any provision of a law that authorizes nonadjudication and only for an offender:

(i)  Who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program;

(ii)  Who was not the holder of a commercial driver’s license or a commercial learning permit at the time of the offense;

(iii)  Who has not previously been convicted of and does not have pending any former or subsequent charges under this section; and

(iv)  Who has provided the court with justification as to why nonadjudication is appropriate.”

The statute authorizes the court to withhold adjudication of guilt pending the completion of court-imposed conditions, such as fines, alcohol education, a victim impact panel, and participation in the Mississippi Alcohol Safety Education Program (MASEP).

Key legal requirements under the statute:

• The offender must petition the court for non-adjudication.
  
• The court must hold a hearing on the petition.
  
• The offender must agree to waive certain rights, including the right to a speedy trial.
  
• The offender must plead guilty, with the court suspending adjudication pending program completion.
  
• If all conditions are met, the court may dismiss the case without a conviction.
  

Failure to comply results in the court entering an adjudication of guilt and proceeding to sentencing.

What Are the Conditions of DUI Non-Adjudication?

Mississippi courts impose several conditions on defendants accepted into a DUI non-adjudication program. These conditions typically include:

1. Plea of Guilty

The defendant must enter a formal guilty plea to the DUI charge. However, the plea is not adjudicated unless the defendant fails the program.

2. Court Supervision

The offender is placed under court supervision for a period determined by the judge, often between 6 to 12 months.

3. MASEP

Enrollment and successful completion of the Mississippi Alcohol Safety Education Program (MASEP) is mandatory. This is a state-approved DUI intervention program.

4. Fines and Costs

Payment of statutory fines, court costs, and program fees is required. The fines can exceed $1,000 depending on the jurisdiction and additional fees.

5. Ignition Interlock Device (IID)

You may be required to install an ignition interlock for 120 days, or longer, as a condition of continued driving privileges. The device must be installed in your vehicle at your own expense.

6. Driving Restrictions

Participants may receive a restricted license while in the program. Failure to comply with IID or other conditions can result in immediate license suspension.

7. Abstinence and Compliance

Strict adherence to sobriety and court conditions is expected. This may include random chemical testing, counseling, or additional education courses.

Benefits of Non-Adjudication

For eligible first-time DUI offenders in Mississippi, non-adjudication can offer significant advantages:

✅ Avoiding a Criminal Conviction

Successful completion results in no final conviction. This may help with employment background checks, professional licensing, and housing applications.

✅ Preserving Driving Privileges

If you comply with ignition interlock requirements and other conditions, you may avoid extended license suspension.

✅ Record Expungement

After completing the program, the DUI arrest may be expunged from your record under Miss. Code Ann. § 63-11-30(14), provided you meet additional criteria.

📌 Note: Even if expunged, certain government agencies (e.g., law enforcement or licensing boards) may still access the record.

Limitations and Risks

Non-adjudication is not without drawbacks or risks. It is essential to understand the consequences of failing to meet the program’s terms.

❌ Automatic Conviction on Violation

If you violate the program conditions (e.g., fail to complete MASEP, fail a drug test, or are rearrested), the court may immediately adjudicate your guilt and impose a full DUI sentence.

❌ No Second Chance

Mississippi law allows non-adjudication only once. If you are arrested for DUI again in the future, you will not be eligible for this program.

❌ Not Suitable for Every Case

In some cases—such as those involving injuries, aggravating circumstances, or uncooperative defendants—the court may deny non-adjudication even if all statutory requirements are met.

Non-Adjudication vs. Traditional DUI Conviction

How a Mississippi DUI Lawyer Can Help

Navigating non-adjudication requires skilled legal guidance. An experienced Mississippi DUI lawyer can:

• Evaluate eligibility and advise if non-adjudication is the right option.
  
• File the proper petition with the court in a timely manner.
  
• Represent you at hearings and advocate for admission into the program.
  
• Guide you through MASEP and IID requirements.
  
• Help with expungement once the case is dismissed.
  

Having a lawyer involved from the beginning significantly increases your chances of a successful outcome, particularly in jurisdictions like Hinds, Rankin, or Harrison Counties, where DUI enforcement is strict.

Call Today For Help With A DUI in Mississippi

For first-time DUI offenders in Mississippi, non-adjudication can be a life-changing opportunity. It offers a second chance to avoid the lifelong consequences of a criminal conviction; if you act responsibly and comply with court-imposed requirements. But this is not an automatic option; it requires proactive legal action and complete follow-through.

If you’ve been arrested for DUI in Mississippi and want to explore your eligibility for non-adjudication, don’t wait. Speak with a knowledgeable Mississippi DUI defense attorney immediately to preserve your rights and set yourself up for the best possible outcome.

Need Legal Help with DUI Non-Adjudication in Mississippi?

Call the law offices of Vic Carmody, Jr., P.A. at 601-948-4444 or use our secure online contact form to schedule a confidential consultation. Our DUI attorneys are here to help you protect your future.