2.6.2014

For Whom Chemical and Field Sobriety Tests Are Designed

Written by: The Law Offices of Garrett T. Ogata

It’s probably clear that men and women have somewhat different physiology. This applies to the way they metabolize and process alcohol, too. Women in general will have more damaging long-term effects from heavy alcohol consumption than men will. This same disparity in how men and women react to alcohol is an issue when it comes getting arrested for a DUI. As any competent Las Vegas DUI lawyers can tell you, chemical and field sobriety tests that officers administer during a drunk driving stop are designed for men and not for women. This makes a difference.

You can start by considering how they dress. For tests that require physical coordination, a man in comfortable shoes is going to have an easier time than a woman wearing high heels or a tight skirt. Another serious example is the breathalyzer, which was built for the lung capacity of an average man. This means that it will read a woman’s blood alcohol content as higher than it actually is, and that could mean the difference between a drunk driving arrest and charge or not. Finally, even if these are true, this disparity could be overcome by training police to assess women accurately. Unfortunately, the sad truth is that the tests and training are all geared toward men, so any woman who gets pulled over might be getting skewed results from any tests performed on her. She should quickly seek the advice of a qualified Las Vegas DUI attorney. This could result in a reduced penalty or an acquittal, making it crucial to search for an attorney who can help.

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