DUI Defenses for Women Under Florida Law

Women are being charged with drunk driving or DUI in increasing numbers throughout Florida. For any number of reasons discussed below, women may be particularly vulnerable to a false arrest and the consequences of a DUI conviction. At the Sammis Law Firm we pay particular attention to special defenses that can be used to defend women charged with DUI. Call a Tampa criminal defense attorney at the Sammis Law Firm to discuss the particular facts and circumstances of your case today.

Women and Alcohol Impairment

One of the most obvious differences between men and women when it comes to DUI is that women typically weigh less. Even a few drinks can cause impairment in women, particularly when the women is petite and drinks on an empty stomach. Other difference are much more subtle, including the fact that females absorb and metabolize alcohol differently then males.

The DUI Breath Test Machine and Gender Bias

A special defense, known as the "gender bias" defense may exist when a woman is charged with DUI. Your Tampa DUI Lawyer can help you retain a DUI expert witness who can testify about the "gender bias" inherent in the breath test machines used in Tampa, Hillsborough County, Florida known as the Intoxilyzer 8000.

For reasons that are not entirely clear, the breath test machines used to measure alcohol content tend to show a woman's blood alcohol level can be higher than a man's blood alcohol level even when such factors as size, weight, and alcohol consumption are controlled.

Much of the difference is attributed to the fact that pound per pound a woman's body contains a higher fat content and lower muscle and water content. A combination of other factors can also cause an inflated breath alcohol reading that works to the disadvantage of a woman charged with DUI.

Women Absorb Alcohol Differently Than Men

The Intoxilyzer 8000 was designed, tested, calibrated using the average man's physiology in order to make many assumptions that control the result produced by the machine. These small differences can mean the difference between a reading that is over the legal limit or under the legal limit. Many studies conducted on the breath test machines show that the bias is particularly acute when the test is given to young, thin or petite women.

Women Metabolize Alcohol Differently Than Men

Studies also show that it takes women longer to metabolize alcohol than men because of an enzyme called "ADH." Women have less of the ADH enzyme in their bodies than men of the same size and weight. The lower level of the ADH enzyme results in a higher proportion of alcohol reaching the blood stream before being converted into acetate. The breath test is often given an hour after the woman was driving. These timing issues can result in a reading that shows a higher breath alcohol limit in women than men depending on when the test is given.

Fluctuations in Body Temperature Can Drastically Effect the Breath Test Reading

The breath test machine makes an assumption about body temperature based on a man's average body and breath temperature. The breath test machine assumes that the temperature of the breath is 34 degree Celsius. That assumption is one factor that can cause an inflated reading for women whose breath temperature is even slightly higher than average.

Women have much larger fluctuations in hormones that effect body temperature. Especially during the premenstrual portion of a woman's cycle, her body and breath temperature can be higher than average. Numerous scientific studies show that even a fluctuation of one degree over the assumed breath test temperature of 34 degrees Celsius can cause a breath test reading that is 6.9% higher than it should be.

Women and Prescription Drug DUI

Common prescription medications can also cause issues with impairment that effect a larger number of female drivers then male drivers. Even over the counter medication, when mixed with alcohol, can cause a person to become impaired while driving.

When a Woman is Asked to Take a Roadside Agility Exercises

The law enforcement officers throughout Tampa and Hillsborough County have been training to request that the driver take a series of roadside agility exercises (often called "field sobriety tests" ) during a DUI investigation. Women may react slightly differently to such a request than their male counterpart because of concerns about their safety and the officer's authority to make such a request.

Safety Concerns When a Male Officer Asks a Female Driver to Perform Roadside Agility Exercises

Almost all of the specially trained DUI officers in Hillsborough County, Florida are male. In many cases, this male officer may be the only officer on the scene when the officer requests that a female driver perform the field sobriety exercises. Especially when the DUI investigation is conducted late at night in a remote area, women are understandable reluctant to exit their vehicle to perform roadside agility exercises.

Women May React Differently to Stress Than Men

Adding to the disadvantage that a woman may face during a DUI investigation is the fact that women may react differently to stressful situations than a man. Women may be more likely to be overcome with stress or anxiety. Women may be more likely to cry in such a stressful situation. A male officer may be more likely to mistake that reaction as an indication that the woman drove under the influence of alcohol or drugs.

Furthermore, if a woman refuses to exit her vehicle in a remote location at night the officer may view that refusal as an indication of alcohol impairment, instead of recognizing the particular concerns that a woman might have in such a situation.

Perform Roadside Agility Exercises in High Healed Shoes

For those women in Florida that do agree to take the field sobriety exercises at the roadside, many of them of wearing shoes that is less than ideal for such exercises, particular if the woman is wearing high healed shoes. The Tampa DUI Officer may give the woman the option of removing her shoes. For many woman, attempting such exercises on the roadside in their bare feet in the dark is also an unacceptable solution.

The Rapid Increase in Women Being Arrested for DUI

A study published by the Criminal Justice Information Services Division through the U.S. Department of Justice and FBI shows that over the last ten years, the number of DUI arrests for men has dropped 7.5% while the number of DUI arrests for women has increased a whopping 28%.

2007: Crime in the United States
10 Year DUI Arrests Trends by Sex from 1998-2007
Driving Under the Influence (DUI)

Male
Total
1998 676,911
2007 626,371
Percentage Change -7.5%

1998 126,119
2007 162,493
Percentage Change +28.8%
 

Contact Our Criminal Defense Attorneys for More Information about Defending Women Charged with DUI

As you can see from this discussion, you should discuss all of the particular facts and circumstances of your case with your attorney. If you believe that the breath test reading in your case was inaccurate, special defenses may apply to your case.

If you refused to take a chemical test of your breath, blood or urine, the particular facts of your case may show the reason for refusal was not because you believed you were impaired but because of some other reason particular to your case. At the Sammis Law Firm, our attorneys pay particular attention to issues and defense that can be used to defend women charged with DUI in Tampa, Hillsborough County, FL. Call us to discuss your case today.