Blood Alcohol Concentration (BAC)

Blood Alcohol Concentration or BAC is the measurement of alcohol in a person’s blood, based on its weight per unit of volume. The measurement is then converted to a percentage, and is used to determine the legal status of whether or not somebody is driving under the influence. Most people know that a BAC of .08 percent or higher will get you slapped with a DUI arrest, but depending upon the unique details of your situation, there could be a variety of different factors or even more strict BAC guidelines. Drivers under the age of 21 can get slapped with a DUI charge for having .02 percent BAC, and for truck driver’s, the legal limit is .04 percent. 

Field Sobriety Tests

A field sobriety test in Mississippi typically consists of three pars. These tests have been recommended by the National Highway Traffic Safety Administration (NHTSA) and consist of the Horizontal Gaze Nystagmus Test, the Walk and Turn Test and the One Leg Stand Test. Law enforcement officers should be properly trained on how to administer and assess these tests, but there can certainly be some subjectivity involved. A variety of potential health factors could impact a person’s field sobriety test. 

Implied Consent

Under Mississippi’s implied consent law, drivers are required to take a breath, blood or urine test if they’re arrested for a DUI. The evidence obtained in these tests is only admissible if the arrest was deemed lawful. It is possible to refuse these tests, but you will most likely still be charged with DUI in the State of Mississippi. Your best option is to contact your attorney as soon as possible after an arrest. 

High Bac vs. Low Bac

Cases involving high BAC are often taken much more seriously than cases with low BAC. If you were arrested with more than twice the legal limit of alcohol in your system, you could be facing some pretty stiff penalties, especially if this is your second or third offense. It’s also possible to have a little more leeway with cases involving low BAC’s. If you were right around .08 percent, you need to talk to your lawyer about options and potential outcomes for your case and your unique situation.