Although the police may arrest a driver of either gender, the risk of facing DUI charges is greater if you are female. While the notion of gender-bias arises in many situations, few people realize there are a variety of reasons that DUI arrests tend to be gender biased. Because of certain metabolic characteristics of women and other factors, the likelihood that a woman will be arrested and convicted of DUI is substantially higher. Kansas DUI Defense Attorney Stacey Schlimmer understands how to use these gender based distinctions to effectively defend those accused of DUI in Kansas.
Women will typically have a higher blood alcohol concentration (BAC) than men even when they consume the same quantity of alcohol. While the tendency of men to weigh more than women is one reason for this disparity, these differences do not tell the whole story. Distinctions in the physiology and body chemistry between genders mean that men and women metabolize alcohol at different rates. An enzyme referred to as alcohol dehydrogenase (ADH) plays a fundamental role in initiating the metabolic breakdown of alcohol in the stomach. Studies show that the concentration of this enzyme is only about half the level in women that it is in men. Because women have less ADH, more of the alcohol they consume is absorbed by the small intestines causing women’s BAC level to rise higher. Research reveals that this difference in ADH levels can result in a five to ten percent difference in BAC levels between men and women.
While differences in body weight between men and women constitute an obvious factor in women having a higher BAC level, there are other physiological distinctions. On average, women have a higher percentage of body fat as opposed to muscle than men. Because the volume of blood in muscle tissue is higher than in fat tissue, the alcohol present in the blood of males is more diluted than in women. Women also have between five to twenty percent less water than women which also means that the concentration of alcohol in men’s blood is more diluted.
Field Sobriety Testing (FSTs) & Physical Observations
Because women often wear clothes and footwear that make it more difficult to walk or perform FSTs, they are more likely to be asked to submit to a chemical test of breath, blood or urine. Women wearing a skirt but concerned about modesty when exiting a vehicle or attempting to walk heel-to-toe in 2 inch heels may appear unsteady or lose their balance. While police officers are supposed to have women take off high heels and perform FSTs on solid even ground, apparel and shoes can put women at a disadvantage.
Kansas City DUI defense attorney Stacey Schlimmer aggressively defends those accused of alcohol-impaired driving offenses in Johnson County or the surrounding areas of Kansas. Our Kansas DUI defense law firm offers a confidential free consultation so call us today at 913-219-5424 or contact us online.
Many people do not immediately seek legal advice or retain a criminal defense attorney when they are under a cloud of suspicion arising from a law enforcement investigation by a state or federal law enforcement agency. Some people do not even elect to assert their right to counsel after they have been formally arrested. The reasons for delay vary depending on the individual but may include the belief that cooperation is the best option or the expectation that a public defender will suddenly appear when the case gets to the point that the defendant needs an attorney. This is a critical mistake that can result in an avoidable conviction or a more severe punishment.
The time to retain a Kansas criminal defense lawyer is the moment that you discover that you are under investigation even if you have not been arrested. When a criminal investigation is ongoing, there are many law enforcement tactics that an experienced criminal defense attorney may be able to prevent that include searches of your home or vehicle, extraction of DNA samples, interrogations and other oppressive law enforcement procedures. If you are subjected to these law enforcement tools, an experienced criminal defense attorney can provide legal advice so that you do not inadvertently waive your rights or assist the police in building a case against you. When you consent to searches or questioning, you may help law enforcement in acquiring probable cause for an arrest or further searches.
Kansas jails and prisons are filled with those who knew they were under investigation by a law enforcement agency or that had been arrested but expected a court appointed attorney would be available when they needed one. The income qualification criteria for a public defender means that there is no assurance you are entitled to have an attorney appointed to represent you. Even if you do qualify, you may disclose damaging facts or consent to a search of your home prior to being represented because you are not aware of your rights under the constitution and Kansas law.
Johnson County criminal defense attorney Stacey Schlimmer works diligently to protect her clients’ rights and influence the direction of a criminal case through intervention at the investigation stage. Whether she is defending her clients’ rights during police interviews and lineups or challenging the legal basis for a search or seizure, her early intervention often can result in fewer criminal charges being filed or the prosecutor filing a lesser offense. She also routinely conducts an independent investigation to uncover exculpatory evidence and witnesses that may dissuade the prosecutor from filing formal charges or induce the prosecutor to dismiss the charges. Ms. Schlimmer may even seek diversion so that her client does not face a potential criminal record and jail time.
The fundamental point is that those facing the prospect of fighting criminal charges can improve the probability of a favorable outcome by seeking legal representation from an experienced Kansas criminal defense attorney at the earliest stage in the investigation process. Kansas City criminal defense attorney Stacey Schlimmer aggressively defends those accused of misdemeanors and felonies in Johnson County or the surrounding areas of Kansas. Our Kansas criminal defense law firm offers a confidential free consultation so call us today at 913-219-5424 or contact us online.
Criminal defendants generally are not obligated to provide statements that would be incriminating. However, this protection against self-incrimination does not shield drivers arrested for DUI in Kansas City or elsewhere in Johnson County from an obligation to submit to a chemical test to determine their blood alcohol concentration (BAC). Under this provision of Kansas law, a driver is deemed to consent to a chemical test of breath, blood or urine if he or she is lawfully arrested for driving under the influence (DUI).
If a police officer asks you to perform a BAC test following a lawful arrest for DUI, the officer has the option of determining which type of BAC test to administer and may even require that you submit to multiple BAC tests. Even if a law enforcement officer asks you to submit to a breathalyzer test, you also may be asked to submit to a blood test if you blow a 0.0 BAC so that officer can screen for drugs like marijuana, cocaine, ecstasy, methamphetamine, prescription narcotics or other controlled substances.
When a Kansas driver refuses to take a chemical test, the driver is subject to a one year driver’s license suspension for a first time refusal with the length of the suspension increasing based on the number of refusals. A second refusal results in a two-year suspension while a third refuse result in a three-year suspension. If a motorist refuses a fourth time, the suspension increases to ten years while a subsequent refusal will result in a lifetime revocation of your driving privileges.
There are certain advisories that the officer must provide both verbally and in writing under Kansas law for the license suspension to be imposed which include the following:
Although the decision not to agree to a BAC test will mean that the prosecutor will not have chemical testing results to establish that you have a BAC of .08 percent or higher, this does not preclude a conviction of DUI based on other evidence. The prosecutor can still prove that your physical or mental capacity to operate the vehicle was impaired even if your BAC did not exceed .08 percent, which constitutes the legal limit for a “per se” DUI violation. In this situation, the prosecutor will rely on the following types of evidence: