How to Qualify for the DUI Non-Adjudication Program in Mississippi: Costs, Timelines, and Eligibility
The Mississippi DUI Non-Adjudication program allows eligible first-time offenders to keep a conviction off their public record. You must complete a 120-day ignition interlock period, pay state fines, and attend a safety education course to successfully complete the program.
A DUI arrest does not have to ruin your future. If you made a mistake and got behind the wheel after drinking in Biloxi, Tupelo, or Hattiesburg, Mississippi law offers a powerful lifeline known as 'Non-Adjudication.' This program essentially allows you to hit the reset button, but it requires strict compliance with the court's rules. Navigating the paperwork and timelines can be confusing. We highly recommend using our directory to find a local Mississippi DUI attorney who can file the necessary petitions and ensure you do not accidentally forfeit this one-time opportunity.
What is the DUI Non-Adjudication Program?
Under Miss. Code Ann. § 63-11-30(14), the Non-Adjudication program is a legal agreement between you and the court. You agree to fulfill a series of strict requirements, and in exchange, the judge agrees to withhold a finding of guilt. If you complete everything perfectly, the court will dismiss the charge. This means you will not have a permanent DUI conviction on your public record, allowing you to truthfully check 'No' on job applications asking if you have ever been convicted of a crime.
Eligibility Criteria: Who Qualifies?
Not everyone who gets a DUI is allowed into this program. To qualify, you must meet very specific criteria. First, this must be your first and only DUI offense; if you have ever had a DUI before (even in another state or decades ago), you are disqualified. Second, your DUI cannot have resulted in an accident involving serious injuries or death to another person. Finally, anyone who holds a Commercial Driver's License (CDL) is strictly prohibited from participating in the non-adjudication program under federal and state law, regardless of whether they were driving a semi-truck or their personal car at the time of the arrest.
The Exact Timeline and Mandatory IID Period
If you are approved by a court like the DeSoto County Justice Court, Hernando, you must immediately begin fulfilling your requirements. The centerpiece of the program is the Ignition Interlock Device (IID). You must install an IID on your vehicle and maintain it for exactly 120 days. You must also submit a formal written petition for non-adjudication pursuant to Miss. Code Ann. § 63-11-30(14)(c) to formalize your entry into the program.
During this 120-day period, the machine will require you to blow into it before the car will start, and it will periodically ask for rolling re-tests while you drive. In addition to the IID, you must also complete the Mississippi Alcohol Safety Education Program (MASEP), which is a mandatory multi-week class focusing on the dangers of drunk driving.
Financial Costs: State Fees and Interlock Expenses
Keeping your record clean is not cheap. The non-adjudication program comes with several mandatory financial obligations that you must pay out-of-pocket.
| Program Requirement | Estimated Cost (USD) |
|---|---|
| Court Non-Adjudication Fee | $250 flat fee to the court |
| Standard DUI Fines | $250 to $1,000 depending on the judge |
| MASEP Class Enrollment | Approximately $200 |
| IID Installation and Monthly Lease | $75 - $100 install + $75 - $100 per month (for 4 months) |
| State Crime Lab Fee | $300 to the Mississippi Forensics Laboratory |
What Happens if You Violate the Terms?
The court monitors you closely during the non-adjudication period. The Mississippi Department of Public Safety, Jackson receives reports directly from your interlock device provider. If you blow a positive BAC into the machine, attempt to tamper with the device, or fail to complete your MASEP classes, you will be violated. If the judge finds you violated the terms, they will revoke your non-adjudication status, enter the guilty plea that has been waiting in your file, and you will instantly become a convicted drunk driver with all the associated penalties, including a suspended license.
Frequently Asked Questions (FAQ)
Do I have to plead guilty to enter the program?
Yes. You must enter a plea of guilty, but the judge will 'withhold adjudication' (refuse to officially accept the guilt) while you complete the program requirements.
Will my insurance rates go up if I do non-adjudication?
While a formal DUI conviction will not appear on your public record once the charge is dismissed, your rates may still be affected during the program. Under Miss. Code Ann. § 63-11-30(14)(c) and Miss. Code Ann. § 63-11-31, you are required to obtain an ignition interlock-restricted license for 120 days. The Mississippi Department of Public Safety, Jackson records this restriction on your driving record, which insurance carriers can see when reviewing your Motor Vehicle Record (MVR).
Can I drive any car during the 120 days?
No. You are legally restricted to driving only the specific vehicle (or vehicles) equipped with an approved Ignition Interlock Device.
Is non-adjudication available for a second DUI?
No. The non-adjudication program is strictly a once-in-a-lifetime opportunity. It is only available for your very first DUI offense.
Will the arrest still show up on a background check?
The non-adjudication record is generally sealed from the public (like employers), but law enforcement, courts, and certain licensing boards can still see the arrest and the fact that you completed the program.
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