Non-Adjudication on a First DUI in Mississippi: What It Means and Who Qualifies

Quick answer: Non-adjudication means the court withholds a finding of guilt and sentencing, either after a guilty plea or at the end of a trial, and places you in a program with conditions. You are eligible only one time, and not if you held a commercial license or learning permit at the time of the offense. It is not a free pass: you still pay the fines, complete the MASEP class and either run an ignition interlock for 120 days or serve a 120-day suspension. If you do not finish, the court can enter the conviction and impose the withheld penalties.

What does non-adjudication mean?

The Department of Public Safety (DPS) and Section 63-11-30(14) of the Mississippi Code use nearly the same words. The court withholds adjudication of guilt and sentencing, upon the entry of a plea of guilt or at the conclusion of a trial on the merits, and places the defendant in a non-adjudication program. That placement depends on successfully completing the requirements the court imposes.

Mississippi’s Legislature revised how interlock and non-adjudication work in 2014 House Bill 412, and the current text of the section builds on that act.

Who qualifies?

DPS and the statute list these conditions together:

• One time only. You are eligible for non-adjudication of an offense under this section only one time, under any provision of law that authorizes it.
• No commercial license. You cannot have held a commercial license or learning permit at the time of the offense.
• No record under this section. You cannot have previously been convicted of, or have pending, any former or subsequent charges under Section 63-11-30.
• A reason. You must give the court justification for why non-adjudication is appropriate.
• Finish the conditions. You must successfully complete all the terms the court imposes after placing you in the program.

A person under 21 is also eligible for non-adjudication of a qualifying first offense under the Zero Tolerance for Minors provision. See the fine, jail exposure and the class.

How is it different from a conviction?

Much of what a conviction brings still applies. The main differences are the finding of guilt and sentencing.

Item	First-offense conviction	Non-adjudication
Finding of guilt and sentence	Entered	Withheld while you complete the program
Fines, penalties, assessments	Fine of $250 to $1,000	All that would have been imposed for conviction, plus any applicable non-adjudication fee
MASEP class	Within six months of sentencing	Within six months of the order
Regular license (alcohol)	120-day suspension, or an interlock-restricted license by court order	120 days on an interlock-restricted license, or a 120-day suspension
Jail	Up to 48 hours	Sentencing withheld

What does the court order?

Under subsection (14), the court shall order the person to pay the non-adjudication fee if applicable, pay the fines and assessments, complete the alcohol safety program within six months of the order, and handle the license requirement.

The license piece depends on the substance. If the court determines the violation involved alcohol, the person must put an ignition-interlock device on every motor vehicle he or she operates, get an interlock-restricted license and keep it for 120 days, or else serve a 120-day suspension. If the violation involved a substance other than alcohol, the person goes through a 120-day program with court-ordered drug testing at least every 30 days, or else serves a 120-day suspension. Read how the interlock license works and what MASEP requires.

The court can add other conditions, including alcohol or drug screening, proof of no other traffic violations while under supervision and a victim impact panel.

When do I ask for it?

The statute says non-adjudication may be initiated by filing a petition, or at any stage of the proceedings, in the court’s discretion. That last phrase matters. It is something the court may do, and the qualifications above do not guarantee it.

Since the license clock starts at the arrest, the question belongs in your first conversation with a lawyer, along with the 30-day temporary permit.

What happens if I do not finish?

The statute says failure to successfully complete the program subjects the person to adjudication of the charges and to all the penalties previously withheld. The court enters an order of non-adjudication only if it finds, after a hearing or after examining reliable documentation, that you completed all the conditions. It keeps jurisdiction over these cases for not more than two years.

Does a non-adjudication stay on my record?

It stays on a registry. The statute requires a record of every person placed in a program and every order to go to DPS for a permanent confidential registry. Judges, clerks, prosecutors and law enforcement officers involved in these cases have secure online access to check whether you have used it before.

It can also count against you later. DPS treats a prior non-adjudication the same as a prior conviction when setting a refusal suspension, and the expunction provision is not available to a person who has previously had a non-adjudication.

DPS adds a practical note: all documents should be mailed from the court within five business days of the order, and drivers are encouraged to call the DPS DUI Department to make sure the documents were received before going to a driver’s license station for an interlock-restricted license.

Does it make sense for my case?

That depends on the facts, your license and your history. Attorney Mark A. Cliett has over 30 years of experience and has served as a prosecutor and judge. Read about first-offense DUI defense, then call (662) 494-4999 or contact the office for a free consultation, by appointment.