In these modern times of convenient mass transport of quick apps that will send a taxi to your location, it seems almost unforgivable to be arrested for a DUI. However, sometimes we all make mistakes and that is what diversion programs are here for. Mississippi’s DUI Pretrial Diversion Program, also known as non-adjudication, is just such a program that offers a second chance to first-time offenders.
To qualify for this program you have to be a nonviolent offender and cannot be in possession of a controlled substance upon arrest, nor can you have participated in a diversion program of any kind before. The District Attorney will ultimately decide if you’re eligible for Mississippi’s DUI Pretrial Diversion Program. They will consider the following factors:
- Whether justice will be served
- Whether the needs of both you and the State will be better served
- Whether you pose a risk to the community
- Whether you’re likely to commit future crimes
- Whether you will respond quickly to rehabilitative efforts
- Whether you have any significant criminal history
- Whether the program has the resources available that you need
If you meet all the Mississippi DUI Pretrial Diversion Program eligibility requirements, you will then be required to meet the program’s conditions within a specified time period. The time period will most likely be around two years. These conditions include:
- Paying the non-adjudication fee, along with all fines, penalties, and assessments that you would have had to pay if convicted.
- Attend and complete an alcohol safety education program.
- Install an ignition interlock device on each vehicle you operate and maintain an ignition interlock restricted driver’s license for 120 days
- Have no violations of the device
- Periodic meetings with a probation officer
Once you successfully complete this program, the Court will enter an Order dismissing the criminal case with prejudice, this means that the charges can never be brought up again. You will also qualify for expungement of any record of the charge, meaning that it will look like the arrest and charges never occurred.