Are Tests to Determine Impairment Biased Against Women?

 Posted on March 13, 2025 in DUI

Alcohol affects different people in different ways, and the effect may depend on whether the person has eaten, how often he or she drinks alcohol, and the time of day the alcohol is consumed. Although only 11 percent of the adult population is made up of males between the ages of 21 and 34, this group is responsible for almost a third of all drunk-driving arrests. Overall, about 81 percent of all those arrested for DUI are male, and 19 percent are female. Every state except Utah has a 0.08 percent BAC threshold for arrest, which is equal to approximately four beers.

That being said, you can be arrested for DUI with a BAC under this limit if the police officer believes you are showing signs of intoxication, including failing field sobriety tests. Women who are arrested for DUI are often at a distinct disadvantage since the tests used to determine impairment are based on the physical makeup of men. If you have been arrested for DUI, it is extremely important that you speak to an experienced Baltimore, MD DUI attorney as quickly as possible.

Men and Women Absorb Alcohol Differently

Women will reach a higher blood alcohol content much quicker than men, thanks to more fatty tissues and less water in their bodies. The higher concentration of fatty tissues is not as easily penetrated by alcohol, causing women to metabolize alcohol more slowly. Variations in hormonal levels can also cause women to reach impairment quicker than men. When a man and woman who are the same height and weight consume the exact same amount of alcohol, the woman will become intoxicated more quickly.

Are Field Sobriety Tests Biased Towards Women?

It should be noted that field sobriety tests are not mandatory in any state, yet police officers rarely share that information with those they believe are driving under the influence. Most DUI arrests occur at night, so when a woman alone is stopped on a fairly isolated road by a male police officer, she is immediately at a disadvantage and may be more fearful for her safety than a man would.

A woman who is stressed and anxious is more likely to appear "guilty" to the police officer, and if she cries, the officer may immediately assume she is crying out of guilt and fear of being arrested. When a woman is asked to participate in field sobriety testing, she may be wearing heels, which places her at a disadvantage as she is asked to stand on one leg and do a walk-and-turn on the side of the road in rocky or uneven terrain with no light except the headlights of the police cruiser.  

What About a Breathalyzer Test?

The portable breath test was designed for an "average man’s" lung capacity. A woman’s lung capacity is significantly smaller than a man’s, so when she blows into a breathalyzer, it registers a higher level. A breathalyzer machine does not differentiate breath samples between males and females, which could render the test inaccurate. While the portable breathalyzer results are not admissible in court, the breathalyzer at the station is, and it has the same potential problems.

A woman taking birth control pills may test falsely high on a breathalyzer test. Asthma medications, over-the-counter medications like Nyquil, Vicks, cough drops, and other cold medications can cause a breathalyzer test to show a false positive result. Oral gels, like Anbesol, can cause a false positive for alcohol consumption, as can mouthwashes and breath sprays. Even medical conditions like acid reflux and diabetes or recent dental work can lead to falsely high breathalyzer readings.  

Contact a Montgomery County, MD DUI Lawyer

If you have been arrested on charges of DUI, the sooner you have a skilled Rockville, MD DUI attorney from Diamant Gerstein, LLC by your side, the better your outcome is likely to be. Attorney Gerstein answers calls personally and is very hands-on. He has strong community ties and is a lifelong resident of Montgomery County. Call 301-560-2685 to schedule an initial attorney meeting. Se Habla Espanol. אנחנו מדברים עברית