DUI Laws Unfair to Women? – Detailed Scientific Proof
Defense lawyers frequently argue that tests used by the police to measure blood alcohol levels in women are flawed because most of these tests are calibrated using a "average" sized male and because there is some scientifice evidence that women metabolize alcohol differently than men. Scientific studies in both Italy and in Cananda suggest that there are additional differences between alcohol metabolism that raise even more questions about the validity of the tests and the testing equipment used by police.
One of the more interesting findings of the Canadian study suggests that birth control pills produce an enzyme that most Breathalyzer test machines will interpret as blood alcohol content. You can read more about this study in an article entitled "Do DUI Laws Discriminate Against Women?" If you use oral contraceptives, make sure to tell me so we can discuss whether this factor might be an element in your defense.
Filed under Intoxilyzer 5000 issues, Trial issues by on Aug 18th, 2006. 
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Comments on DUI Laws Unfair to Women? – Detailed Scientific Proof
The issue is not whether contraceptives or anything else raise the level of alcohol tested but whether a woman or any person has a high enough alcohol level to interfere with or impair with safely driving a vehicle.
If one person ate while they drank and another one did not eat while they drank (before or after) one may be drunker than the other. A taller person my show different levels than shoter people but the standard agreed on in a country or state is what is agreeed as a level that is or approaches danger.
You can get arrested for using legal and illegal drugs that impair operating a vehicle, not even alcohol. In the end, its still a judgment call – the device that measures how much alchol is present is one standard used. That women are smaller or have a different metabolism or take drugs (contraceptives) which affect their stated alcohol level means that is the effect on them.
The argument made is trying to say if men can drink more and still not make the cut, then why not women. Its’s the same stupid argument women make about equality like they have no differences in biology or approach to life.
It will be a big problem for the women.
Comment by Larry (the MYSOGYNIST!)
RE:”Its’s the same stupid argument women make about equality” and BTW larry, “Its’s” is incorrect grammar- “It is” cannot be possessive! “It’s” is correct!
I was reading his comment thinking I agreed with him, because the fundamental idea behind breathalyzers is to protect the public against the dangers of an intoxicated driver on the road. So, even though I’m sure the system is not flawless, it is effective in most cases.
As a woman, I think Larry is a stupid JERK if he thinks for one second women are not faced with inequalities. Next, I suppose he’ll say blacks have that stupid argument about discrimination/inequalities too!
YOU ARE A MISOGYNIST PIG larry!
Please review my story as there is a definite unfairness of this law. I have contacted every legal and government official possible. Thank you in advance.
This is a true story about a gross failure of the legal system. It is about abuse of power when give to the wrong individuals you will be greatly abused. To what extent is yet to be seen as the case moves on, but my life is destroyed. Below are the facts of a real situation, please feel free to write a comment, as this effects me today, but could be you tomorrow.
Fact : 2-23-2008 my fiancé and I had been staying at a hotel in Huntington. We had been drinking. We had an argument. My fiancé got violent. I left the room and went to my truck that had a flat tire started it and turned the heat on. It was a cold winter night, and when I left the room I left so fast I forgot my coat, and was scared to return to get it. Someone had called the police. (There are some good ones in Suffolk County right?)
The police arrive, and see me sitting in my truck. They approach, they ask me if I would submit to a breathalyzer. I responded Why, I have been drinking. I was immediately place under arrest, and charged with DWI, and my license was immediate revoked as I was also charged separately for refusing to take a breathalyzer.
Fact: There was a refrain from violent acts order issued to my fiancé for previously assaulting me. The original charge was assault in the 3rd but was reduced and part of the plea was anger management classes and the refrain from order.
Fact: I was beat up that night.
Fact: Suffolk County Police did not inquire about anything but if I had been drinking. Since I was under arrest, anything I say can and will be held against me, as per legal advice I was not to speak without my attorney present, so there goes trying to explaining anything.
Fact: I was released after I was in jail over night and ROR’d
Fact: I lost the Motor Vehicle hearing, and have to pay $1125.00 to reinstate my license so I don’t have it anymore.
Fact: My attorney Arthur Graseck submitted a motion to dismiss as there is a public highway issue. Even though I had been sitting in my car and had been drinking, the fact that I was not on a public hwy. meant something and the motion to dismiss was granted by Honorable Alamia, in room D 41 Central Islip.
Fact: That decision had no effect on DMV’s charge, and my license remains revoked.
Fact: On 8-8-2009 the people state that they had no knowledge of the status of the motion, and the fact that it was granted. In fact the people were moving to prosecute me anyway, again they had no knowledge of my attorney’s motion being granted a year and a half later. Judge Alamia put it to sleep and again reminded the people it remained dismissed.
Fact: 10-03-2009 I receive a letter from the DA, stating they are ready for Trial under Cpl 30-30, with no date attached.
Fact: I went to the unified court system and looked up the info. Apparently the ADA did not like Judge Alamias decision and made a motion not before Judge Alamia to reinstate the charge, they made the motion before Judge Behar disregarding Judge Alamia’s dismissal. Judge Behar issued a criminal summons for the same incident on 10-02-2009, under a completely different docket number and again for the same incident that Judge Alamia dismissed.
Fact: This is 17 months later when the ADA has decided they are not going to abide by Judge Alamia’s order, so they went to another Judge to get the result they want. I guess Judge shopping is legal?
Fact: 10-10-2009 I receive a letter from the 7th precinct stating that they have a criminal summons for me and failure to go and get it will result in a warrant for my arrest.
My attorney seems to think that this is violating my rights, but what else is knew. When does it stop, what is right and what is wrong. I understand my wrongs here and do believe I have paid in spades, $2500.00 to my attorney, I lost my job, my license (I am a single mom) fines that are still owed and can not make ends meet anymore… forget the fact that I was beat up that same night, and yes – my bad – I should have walked away from this fellow when he first lifted his hands to me.
I was actually putting the money together 2 get my license back, and that will come out of the mortgage, I was going o put it back because I can go back to work, but if they are only going to take it away I will definitely loose my house because I won’t be able to keep a job AGAIN, and won’t be able to make up the money I take from the mortgage (I am a Network engineer) I am robbing Peter to pay Paul to survive because of this. What drives these people that say are upholding the law? Are they really? I have the utmost respect for Judge Alamia, in a previous bench trial he had stated in his decision that one cannot take the law into there own hands, and the law will always cure itself. I do understand what he meant, theoretically it should (if you don’t have ADA’s judge shopping) I hate to challenge that, but the Officer that arrested me he didn’t loose his job, or his license. The DA that is doing a great job here, vigorously prosecuting me she has not lost her job, or her license.
Here I am almost 2 years later and have practically lost everything – (I have to rely on my mother to get me around, she is 70 and really should not be driving as she cannot see anymore. Did I mention that I also have a son that is disabled) How is the law really the doing anything but destroying someone and a family slowly? I am sure I will get through this some way, but how much more must I loose.
My trial starts on 10-21-2009. I have to go to the police liaison first to be finger printed and processed. Another thing I cannot understand, this was already done originally when I was arrested on 2-23-2008. When I see on these boards that say there are some good cops out there, and all this legal talk like we do have rights, makes me sick. Yes we do have rights, but I am learning that rights are all up for interpretation, or whatever suit’s the legal system on that day. If the legal system fails you and they make a mistake on you, the only one that pays is you.
By the way if anyone wants to buy a house please contact me leeza1007@aol.com (I am going to loose it soon anyway) 4 bdrm mother daughter new kitchen, 2 full baths, new siding roof windows. Needs rugs. 240k Rocky Point NY. Thanks for reading… hope I didn’t bore you. Judge Shopping in the Suffolk County’s DA’s office niice, what will they do next.