Women face unique challenges when arrested for a DUI in Georgia, challenges that are often overlooked in DUI investigations. Attorney Simon Peed understands these issues and knows how to address them effectively in court. If you are a woman arrested for a DUI, call Simon Peed today for a consultation to protect your rights.
Unique Factors Affecting Women in DUI Cases:
- Smaller Lung Capacity
- DUI breath machines require a minimum volume of air for accurate readings. Women, typically having smaller lung capacities than men, may fail to provide sufficient air. This could result in the machine registering a “failure to provide”, leading to the assumption of a refusal, which carries additional penalties.
- Higher BAC Despite Equal Alcohol Intake
- Studies show that men and women of equal size and weight who consume the same amount of alcohol will have different blood alcohol concentrations (BAC). Women tend to show higher BAC levels due to several physiological factors:
- Body Fat: Women generally have a higher percentage of body fat and lower water content in their bodies, which slows the distribution and elimination of alcohol.
- Slower Alcohol Metabolism: Women metabolize alcohol more slowly due to fluctuating levels of the enzyme ADH, particularly during their menstrual cycles.
- Studies show that men and women of equal size and weight who consume the same amount of alcohol will have different blood alcohol concentrations (BAC). Women tend to show higher BAC levels due to several physiological factors:
- Elevated Body Temperature
- A woman’s body temperature naturally rises during the premenstrual phase. Breathalyzer machines assume a standard breath temperature of 34°C. If a woman’s body temperature is higher, the BAC reading may be falsely inflated—by up to 6.9% for every 1°C increase.
- Birth Control Pills
- Hormonal changes caused by birth control pills may result in higher BAC readings. These medications alter body chemistry, potentially skewing test results.
Why These Differences Matter:
Despite these scientific differences, breathalyzer machines and DUI testing procedures are designed without accounting for the physiological distinctions between men and women. These biases can lead to unfairly high BAC readings and wrongful convictions in DUI cases involving women.
How Attorney Simon Peed Can Help:
- Challenge the validity of the breath test results based on your physiological differences.
- Present scientific evidence and expert testimony to demonstrate how these factors affected your test results.
- Advocate for fair treatment in your DUI case.
