Alcohol loves water and will move into spaces where water is the most prevalent. Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content and absorb much alcohol. As it is carried to all parts of the body by the blood, the alcohol distributes itself in proportion to the water content of the various parts of the body. It is the presumed relationship between the amount of alcohol in the blood at a given time and the amount of alcohol which will be present in the breath which is it he basis for the theory that we can test breath and infer a BAC result.
So we can conclude that the fatter the person, the more alcohol will remain in the bloodstream which will result in a higher BAC result. The better a person’s physical fitness level, the more alcohol will be taken up by the rest of the body, the less which will be left in the blood, which results in a lower BAC. This may upset the traditional assumption that the bigger the person (i.e. the size of the container) the more alcohol that the person can consume and the lower the BAC. The “lean” to “fat” ratio, however, is an important factor.
Women have, on average, a higher percentage of body fat. Older people have, on average, a higher percentage of body fat. Does this mean that the breath tests are biased against older people and women. Based on the science the answer is, yes! The higher the percentage of body fat, the more alcohol will stay in the bloodstream, the higher the BAC which will result from the alcohol consumed, as opposed to the same amount consumed by a lean, muscular person of the same weight. Do the DUI laws take this into account – NO! It is up to your attorney to provide the jury with a context to understand how applying the law is unfair to you.
Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio and fighting for fairness in the DUI laws and their application. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
For more on Ohio DUI laws check these city-specific sites at the following links: