I actually passed the breath test, but the police still arrested me. How is that possible?
What passing a breath test in the state of Mississippi basically means that you blew in an intoxilyzer machine with a blood alcohol content of less than .08. Just because you blew a .08 or less does not mean that you cannot be arrested for driving under the influence. That is a common misconception that we see among a lot of our clients. There is an opportunity for the police to arrest you, charge you, and ultimately convict you for driving under the influence under what is referred to as a common law DUI. That is on the DUI ticket itself a subsection A mark. That basically means that you were driving under the influence of an intoxicating beverage or under the influence of that to the extent that the officer believes that you cannot safely operate your vehicle on the public roadways here in this state. Yes, it is possible. That’s why it’s important to hire an attorney who is skilled in understanding these issues.
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