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DO I HAVE TO GO TO TRIAL IN TEXAS? |
Can Gender Affect Blood Alcohol Content?
Men are significantly more likely to drive while intoxicated than women and are involved in four times more drunk driving accidents than women. This is, in part, due to societal expectations, i.e., women who drink to excess face much more disapproval than men. In 2019, 81 percent of those arrested for drunk driving were men, while 19 percent were women. Even though far fewer women are arrested for DWI, many of those who are face unreliable BAC results because of their gender.
Breathalyzer machines are commonly used to determine whether a person will be charged with DWI. Every state except Utah has set a legal blood alcohol concentration limit of 0.08 percent without taking into consideration the variables that can make breathalyzer tests unreliable. A breathalyzer machine must be consistently maintained and calibrated, and the officers who administer the tests must be trained and certified.
Even when machines are working properly, and those who administer them follow every step to the letter, there are variables with the person being tested that can affect BAC results. These variables include illness, OTC drugs, illicit drugs, prescription drugs, weight, diet, and even career (constant exposure to paints and solvents can increase BAC results). What is rarely mentioned, however, is the fact that women are at a significant disadvantage when taking a breathalyzer test.
In general, the same amount of alcohol consumed over the same period of time will result in a higher BAC for a female than a male. If you are a female who is facing DWI charges, it can be extremely beneficial to speak to a knowledgeable Allen, TX DWI lawyer from Law Offices of Biederman & Burleson P.L.L.C.. We will carefully examine all the facts and circumstances surrounding your charges to determine the best defense possible.
How Does Gender Influence the Effects of Alcohol Consumption?
There are many ways gender can have an effect on the effects of alcohol consumption. Some of these factors include:
- Enzyme levels
- Average body water content
- Ability to metabolize alcohol
- Hormone fluctuations
- Medications
An enzyme that breaks down alcohol before it reaches the bloodstream is dehydrogenase. Women have considerably less of this enzyme; therefore, when both a woman and a man have had the exact same amount of alcohol – taking into consideration the differences in body weight – a woman’s BAC will be higher than a man’s.
Women’s bodies contain proportionately less water (45-50 percent vs. 55-65 percent) and more fat than men’s bodies. Since fat retains alcohol and water dilutes it, a woman’s organs are exposed to higher concentrations of alcohol for longer periods of time. Considering these differences alone, one drink for a woman is roughly equal to two drinks for a man as far as BAC readings.
Why Should You Always Fight DWI Charges?
The best reason to fight DWI charges is because the consequences of a DWI conviction are potentially severe and long-lasting. For a first-time DWI conviction in Texas, a person could face a fine as large as $2,000, up to 180 days in jail with three mandatory days, and the loss of his or her driver’s license for up to a year.
Auto insurance rates will skyrocket for many years to come, and employment could be terminated, or it could be difficult to secure employment because of the DWI conviction. While every DWI case is different, some of the most common defenses against DWI charges include:
- There were no legal grounds for the initial stop.
- The consequences of refusing a chemical test were not explained.
- The breathalyzer was not properly calibrated or maintained.
- The officer did not conduct the test properly.
- There is insufficient evidence to support the charges.
- The defendant was not granted his or her constitutional rights.
Contact a Collin County, TX DWI Lawyer
When you choose an experienced Frisco, TX DWI attorney from Law Offices of Biederman & Burleson P.L.L.C., you will benefit from more than 25 years of combined experience and more than 500 DWI trial victories. Both our attorneys are certified by the National Highway Transportation Safety Administration (NHTSA) in the administration of Standardized Field Sobriety Tests. Contact Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to schedule your free consultation.