Contempt and Jail Over an Unaffordable Court-Ordered DUI Programme

Attorney Answer

You should not be jailed simply because you could not afford to pay — but you have to put that in front of the court yourself, in writing and under oath. Nobody will do it for you, and silence looks like refusal.

Mississippi has a statute directly on this. Miss. Code Ann. § 99-19-20(2) provides that a defendant may be imprisoned until a fine is paid only if the defendant is financially able to pay and the court so finds, and that the defendant shall not be imprisoned if he is financially unable to pay and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds. Read that carefully: the protection is real, and it is triggered by a sworn written statement from you.

On the programme itself, Miss. Code Ann. § 63-11-30 requires the court, on a DUI conviction, to order attendance at and completion of the alcohol safety education programme provided for in Miss. Code Ann. § 63-11-32, within six months of sentencing. That requirement is part of the criminal disposition rather than a separate civil bill — which is why non-completion came back at you as a contempt entry with jail days attached instead of as a debt.

What you can do

1. Do not ignore the entry. A line reading two days in jail is an order that can be executed the next time you are before the court or in contact with law enforcement. 2. Prepare a sworn written statement of your inability to pay: income, hours, dependants, benefits, rent, and what you can realistically pay per month. Sign it before a notary. 3. File it with the court that entered the contempt, and ask in the same filing for a hearing. 4. In that filing, ask for three specific things: that the contempt be purged, that you be permitted community service or a payment plan instead of immediate payment, and that the court set a new completion date for the programme. 5. Ask the court to appoint counsel, since jail time is on the table. 6. Contact the programme directly about scheduling and cost, and bring proof that you have enrolled or tried to. Demonstrated effort is what makes a sworn statement credible. 7. Bring documents to the hearing — pay records, benefit letters, bills. The statute requires the court to make a finding, and findings are made on evidence.

⏱ Time limits apply. Miss. Code Ann. § 63-11-30 requires completion of the § 63-11-32 programme within six months of sentencing. If that window has already passed in your case, the answer is a motion, not silence — a court can address a missed requirement, but only when it is put before it. Exactly where you stand depends on your sentencing date and what has already been entered, so get your file from the clerk.