Defending Women in DUI Cases
DUIs are one of the most common crimes charged in the Austin area, but evidence shows that women may see a high rate of false arrests for drunk or impaired driving.
Women face special issues when asked to perform field sobriety tests, or take a breath, blood or urine test. The Intoxilyzer 8000, the machine most commonly used in breath testing, tends to over-inflate the readings for women compared to men.
Attorneys for Women Charged with DUI in Tampa, FL
The lawyers at The Law Office of Kevin Bennett pay special attention to the facts of each case. If you were accused of having a BAC over the legal limit of 0.08 or refusing to take the breath, blood, or urine test, then we can help.
Contact The Law Office of Kevin Bennett to learn more about the differences between men and women in DWI cases and when participating in field sobriety exercises, reacting to the stress of the investigation or submitting to breath tests.
Call (512) 476-4626 so that Kevin Bennett can begin developing your defense strategy as soon as possible.
Information Center
- Female Body Composition and False Positives
- Body Temperature Leads to False Positives
- Women and Field Sobriety Tests
- Women React Differently to Stress
- Hire a Woman DWI Lawyer
Women Have a Different Body Composition
Women tend to metabolize slower than men, and differently. For one standard drink, the BAC absorption in a man of 0.029 and 0.036 for women, assuming both are 5’9” and 200 lbs. This is in part due to body-water to weight ratio – a 200 pound man will have roughly 47.8 litres of water, while a woman of comparable size would have about 38.8 litres of water, a difference of about 23%.
Similarly, the level of Gastric ADH, an alcohol metabolizer, is significantly lower in women. This means that the first-pass metabolic ability in women is lower, which results in more alcohol being passed to the liver and subsequently higher levels of intoxication.
All of this means that women are more likely to fail a breathalyzer test, despite drinking the same as a man.
Fluctuations in Body Temperature
The breath machine tends to be calibrated for male use. Studies have shown that differences of even one degree from the average body temperature can result in as much as 6.9% more inaccurate breath test readings.
These variations, due at least in part to female hormone fluctuations as a result of menstruation, may result in higher false positives in women than in men.
Women and Field Sobriety Tests
Field sobriety tests are another point of concern for female drivers. Known officially as roadside agility tests, women are more likely to agree to these completely optional tests. In addition, women have been shown to react differently to stress than men, and may complete field sobriety tests out of fear for safety and the authority of the police officer.
This may also be the opposite. Some women may refuse tests, especially in more rural areas, if the responding officer is male. This can be seen by officers as a “consciousness of guilt,” which can lead to stronger prosecution.
Women React Differently to Stress
Another disadvantage that women may experience during a DUI investigation is the difference in sexes in response to stressful situations. Women are more likely to cry in stressful situations and are less likely to have a prior DUI conviction. These factors may result in a heightened emotional response which the responding officer may interpret as an indication that the woman is influenced by alcohol or drugs.
Hire a Lawyer for Women Charged with DWI in Austin, Texas
The Law Office of Kevin Bennett provides quality legal representation to individuals facing DWI charges in Sunset Valley, Austin, Travis County, Rollingwood, Pflugerville, Lago Vista, Lakeway and the surrounding areas.
Call (512) 476-4626 so that Kevin Bennett can begin developing your defense strategy as soon as possible.
