Florida DUI - Male vs Female

As to the penalty, the answer would be NO. But when the question is directed towards the breath reading, the answer is YES. Here is why.

At one time, males were the majority that were arrested for DUI DWI BUI. But times have changed, more and more females are getting arrested for DUI DWI BUI. Over the last 20 or so years, the percentage of women being arrested for this crime have more then doubled.

So why is this important to the defense of a female being accused of driving under the influence? The Intoxilyzer 5000 is the machine that you would breath into as agreed when you got your driver license. The problem with the machine is that machine is set for the average males lung capacity. As a result a few things could happen to the female.

Because the female would have to blow harder and possibly longer, she could end up with a higher breath reading then a man. Additionally, it could be claimed that the female did not blow hard enough and could be marked down as a refusal.

Lastly when talking about the general effect of alcohol on the female, a woman has a higher content of water in her body then a man. As a result, this could also effect her reaction to alcohol.

I would like to speak with you!
I'll gladly talk with you over the phone or in person for free. I'll help you understand what decisions you face -- what could happen if your case goes to trial -- and what I can do to defend you and protect your rights.

Law Office of Jeffrey N. Ivashuk, P.A.
Attorney at Law
727 N.E. 3rd Avenue, Suite 201
Fort Lauderdale, FL 33304
Phone 954-768-0988 " Toll Free 1-800-403-2056
Contact me today!