A city attorney in northern Mississippi is still driving legally, despite being charged with drunken driving in December.

The Northeast Mississippi Daily Journal reports Tupelo attorney Ben Logan’s driver’s license was not suspended because he was never taken into the Lee County Jail and offered a chance to take a breath test.

A formal refusal would have prompted a report to the Department of Public Safety, triggering a 90-day license suspension. Instead, Logan’s license will only be suspended if he is convicted.

Logan was arrested Dec. 7. A Mississippi Highway Patrol trooper wrote him a ticket after Logan refused the test, then released him to a Tupelo police officer.

Logan has pleaded not guilty.

The misdemeanor criminal case against Logan has been indefinitely postponed.