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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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5779 Getwell Road, Building C1
Southaven, MS 38672 | United States

Phone : (662) 536-5656

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  • Home
  • Our Team
    ▼
    • Philip A. Stroud
    • Brandon L. Flechas
    • Matthew G. Dalton
    • Michele Watts
    • Amanda “Mandy” Wright
    • Traci Stone
    • Judy Bell
    • Heather Oglesby
  • Personal Injury
    ▼
    • Personal Injury
    • Car Accident Injury
    • Motorcycle Accident Injury
    • Brain Injury
    • Medical Malpractice
    • Nursing Home Negligence
    • Semi Truck Accidents
    • Slip and Fall Injury
    • VIEW ALL INJURY PRACTICE AREAS
  • Criminal Law
    ▼
    • Assault & Battery
    • Domestic Violence / Simple Assault
    • DUI / DWI
    • Drug Charges, Sale & Possession
    • Reckless Driving
    • Suspended or Revoked License
    • Resisting Arrest and Disorderly Conduct
    • VIEW ALL CRIMINAL PRACTICE AREAS
  • Civil Rights
    ▼
    • Police Misconduct
    • Police Shooting
    • Police Excessive Force
    • Police Taser Abuse
    • Law Enforcement Abuse of Power
    • Wrongful or Unlawful Arrest
    • Wrongful or Unlawful Search and Seizure
    • Police K9 Dog Bites
    • Sexual Abuse by Jailors or Police
    • VIEW ALL CIVIL RIGHTS AREAS
  • Results
  • Video Library
    ▼
    • Accident Injury Videos
    • Insurance Law Videos
    • Civil Rights Videos
    • Criminal Law Videos
    • Liability & Malpractice Law Videos
  • Resources
    ▼
    • Blog
    • Frequently Asked Questions
    • Community Resources
    • In The News
  • Contact