Female DUI issues.
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SOCIAL ISSUES
Men account for an overwhelming majority of those arrested for DUI. However, the percentage of female arrestees has increased rapidly in the last 2 decades.
There are several factors that account for the growing number of females accused of DUI, social and physiological.
Law enforcement officers’ attitudes towards women have changed over the decades. It was once more likely for an officer to ensure that a female drunk driver got home safely, rather than put her in a jail cell.
There is no doubt that the changing role of women in American society has played its part as well. More women are in the workforce and there are more female professionals. These changing lifestyles of women place them in positions that are more conducive to a DUI arrest.
GENDER/TEST BIAS
While the above issues are factors, the most pressing issue is test bias. Studies have shown that women tend to score higher on breath testing machines. This is because the machines are set for an average male's lung capacity. This is inherently unfair to women and should be addressed by your lawyer. The average woman’s body has a higher fat to muscle ratio than does a man. This affects the absorption of alcohol because the average male’s body is 68% water while the average female’s body is only 55% water. Water and alcohol mix and quickly distribute throughout the body; thus a male tends to dilute alcohol more quickly than does a female.
Alcohol also affects women differently than men due to the fact that women metabolize alcohol more slowly. Women have less of the ADH enzyme. This causes a larger proportion of the ingested alcohol to reach the blood system prior to being converted to acetate. Women experience fluctuations in hormone levels during their menstrual cycle that may affect the rate of alcohol metabolism. This makes a woman more susceptible to elevated blood alcohol concentrations at different points in the cycle. They will experience their highest BAC during their premenstrual stage. Since body temperature is also elevated at this time, and during menopause, a women's true blood alcohol level may be overstated because breath testing in Oklahoma assumes that the temperature of expired breath is 34 degree Celsius. Every degree above “average” will result in a 6.9% false high reading. In addition, there is also some evidence that a woman taking birth control pills will produce higher BAC levels.
Thus a woman of the same size and drinking the same amount as a man will often show a higher BAC reading. Men and women’s bodies are not the same but the machine used by the police assumes they are. You should consult a DUI attorney who is capable of protecting you from this bias.
