The portable breath test and Women
Men and women absorb alcohol differently, as a matter of fact, women reach a higher BAC (blood alcohol content) quicker than men because they have less water in their body and more fat tissue. The fat tissue alone is not easily pierced by alcohol. Women also metabolize alcohol more slowly, and variations in hormonal levels can cause women to become intoxicated faster.
Did you know when consuming alcohol, a man, and woman of the same height and body weight when drinking the same amount of alcohol, the woman will be affected more rapidly than the man?
When it comes to determining if a woman is over the legal limit, common tests such as the field sobriety and chemical tests were developed for a man. Therefore, the results can be biased against women.
The Portable Breath Test (PBT) alone was originally designed for an “average man’s” lung capacity. A woman’s lung capacity is smaller than a man’s, and because of this when a woman blows into the breathalyzer it can cause it to read at a much higher level. Simply put the breath machines do not differentiate breath samples between males and females which could make the test inaccurate in determining the actual blood alcohol level of a woman.
Legal defense for PBT breath testsThe PBT breath test given at the scene is not admissible in court and it will not be used against you. However, if you are taken to the station and blow into the Intoxilyzer 8000 (big breath machine hooked to a computer) there are defenses.
Legal defense for Intoxilyzer 8000 breath testsThe list below is a partial list of common legal defense against the Intoxilyzer 8000 breath test.
- The Intoxilyzer 8000 was out of calibration
- Partition Ratio defense
- Improper testing procedure from the officer who performed the test
- Radio frequency interference
- Medical conditions that could affect the Intoxilyzer 8000 results exist
- Mouth alcohol was present when the test was administered
About the Author
Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.
Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.
After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.
After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.
Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.
You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.