Are you sending a transactional email? You can bypass the contact’s marketing preferences for transactional emails by changing the email type to Transactional
Warning:
You should not use transactional type emails for all emails to bypass the preferences, this can land you in legal trouble with your local authorities.
Notice:
Transactional emails are currently not supported by the broadcast feature, they are only supported by funnels or one-off emails sent from the contact actions tab
To change the email type, edit the email, and change the type to transactional.