If you’ve been charged with a first-offense DUI (driving under the influence) in Mississippi, you may have heard about nonadjudication—a legal process that allows you to avoid a conviction if you meet certain conditions. Understanding how DUI nonadjudication works could help protect your driving record, insurance rates, and future opportunities.
What is Nonadjudication?
Nonadjudication in Mississippi is a legal process that allows certain first-time offenders to avoid a formal conviction. When a court grants nonadjudication, it withholds adjudication of guilt and sentencing, allowing the defendant to complete specific court-ordered conditions. If the defendant successfully completes the program, the charges can be dismissed, and no conviction will appear on their criminal record.
Who is Eligible for DUI Nonadjudication?
To qualify for DUI nonadjudication, you must:
- Be a first-time offender with no prior DUI convictions or DUI nonadjudications.
- Have a valid Mississippi driver’s license.
- Not have held a commercial driver’s license (CDL) or commercial learning permit at the time of the offense.
- File a petition for nonadjudication, requesting approval from the court.
- Pay all required fines and fees.
- Complete the court-ordered requirements within the specified time frame.
What Are the Conditions of DUI Nonadjudication?
To complete the nonadjudication program successfully, a defendant must:
- Complete the Mississippi Alcohol Safety Education Program (MASEP) or other state’s equivalent – A state-approved course on the dangers of impaired driving.
- Install an Ignition Interlock Device – A breathalyzer attached to your vehicle that prevents it from starting if alcohol is detected. The device must be actively installed for 120 days.
- Obtain an interlock-restricted driver’s license – A license that only allows you to drive a vehicle equipped with an interlock device.
- Pay the necessary costs – All court costs, fines, fees, and assessments.
- Meet any other conditions set by the court – For example,community service, probation, random drug and alcohol testing, or attending a victim-impact panel. If you are charged with driving under the influence of a substance other than alcohol, the court will likely require probation and drug testing instead of the ignition-interlock requirement.
What Happens After Completing DUI Nonadjudication?
If you complete all court-ordered conditions, the judge will dismiss the DUI charge, meaning:
- You are NOT found guilty of the charge.
- No DUI conviction appears on your criminal record.
- You avoid jail time.
- Your regular driver’s license can be reinstated.
- You avoid other consequences, such as increased insurance rates, that can accompany a DUI conviction.
However, if you fail to meet the requirements, the court can adjudicate you guilty of DUI and impose the full penalties, including fines, license suspension, and possible jail time.
Does DUI Nonadjudication Stay on Your Record?
Even though no conviction appears on your record, law enforcement can still see that you utilized DUI nonadjudication. If you are arrested for another DUI in the future, you won’t be eligible for nonadjudication again. The next offense can be treated as a second DUI, which carries harsher penalties.
Why Hire an Attorney for Nonadjudication?
While DUI nonadjudication can be a great opportunity, it’s not automatic. You need to formally request it from the court and prove that you qualify. An experienced Mississippi DUI defense lawyer like those at the Eichelberger Law Firm can:
- Evaluate whether nonadjudication is the right path for you.
- Determine if you qualify for nonadjudication.
- Negotiate with the prosecutor and file the proper paperwork.
- Ensure you comply with all court requirements to complete the program successfully.
If you’ve been charged with a first-offense DUI and want to explore your nonadjudication options, contact the Eichelberger Law Firm today!