The long standing jokes about women who are pulled over by police and how they get out of tickets may have even less merit than before.
Sure there are cases where a woman may flirt to get out of a ticket or bat her doe eyes innocently at the officer in the hopes of avoiding a ticket, but now there maybe concrete evidence to prove that woman are more at a loss when it comes to the standard DUI laws than ever before.
According to an article provided by the Law Offices of Lawrence Taylor, who is Los Angeles area DUI attorney and nationally-known author of the book Drunk Driving Defense, a study out of Italy shows there is a component to a female’s bio-chemical make-up which could make women more predisposed to fail a DUI road test. The study may prove that woman may be unfairly arrested for DUI in some cases and should be given more gender specific tests.
Taylor cites researchers at the University School of Medicine in Trieste, Italy, who found that women have less alcohol dehydrogenase than men. The study asserts that with less of the enzyme that breaks down alcohol in the stomach, women reach the same blood alcohol concentration as men after drinking only half as much.
The study goes on to state that women reached blood alcohol levels illegal in a DUI case after drinking 20 to 30% less alcohol than men of equal weight.
This could be a sturdy claim that could be asserted by many women when they find themselves eye to eye with a Trooper, but one that seems to only find merit in Italy at the moment.
In Canada, a study has shown that women taking oral contraceptives may reach peak BAC levels more quickly. This is a supposition that other attorneys have used when claiming their female clients failed a breathalyzer test due to the fact that they were taking oral contraceptives at the time of the test.
Both studies may eventually be a foundation for a compelling argument in the court room.
The underlying problem in this is that many women may not choose to argue against the validity of their failed test based on their sex. In fact, in the majority of the cases where birth control was a deciding factor for failure, it was a male attorney who plead the case.
At the end of the day, the best way to avoid this all together is to not drink and drive.