Every state has a law that says you are breaking the law if your blood alcohol content (BAC) is above the legal limit while driving – and Mississippi is no exception. This is called the “per se” limit, and it means that the police can charge you with driving under the influence (DUI) even if you seem sober. In this state, the BAC limit is .08%.
However, you can be charged with drunk driving even if your BAC is below the limit. In fact, you can be charged with DUI even if the police don’t test to determine your BAC.
How do the police assess someone for drunk driving in the absence of a BAC test?
If you refuse to submit to BAC testing, that won’t necessarily help you avoid DUI charges. The police can still charge you based on:
- Observations of your driving behavior, including things like weaving between lanes, drifting, sudden stops, slow responses, driving at erratic speeds, forgetting to turn on your headlights or making illegal maneuvers
- Observations of your physical condition, especially if you smell like alcohol, have bloodshot or watery eyes, have trouble retrieving your documents or license or appear generally unsteady on your feet
- Your interactions once you are stopped, particularly if you exhibit unusual confusion, agitation or aggression
- The things that you say, including nonsensical statements, contradictory statements or admissions that you’ve “had one or two” drinks
While it may seem unfair that you can get charged with a DUI even if there’s no “hard” evidence that you’ve been drinking, it happens all the time. If it happens to you, make sure that you invoke your right to remain silent and explore all your defense options.
