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.