Lawyer for Women Charged with DUI

orlando dui attorney for women

Driving under the influence of alcohol is statistically a crime committed more by men than women. Although one would assume that DUI defenses are consistent regardless of gender, there are some that are uniquely exclusive to women.

With every tried DUI case there’s a defense, prosecutors, and a final ruling. While many of these cases rely on successful defense strategies from previous DUI cases, every so often a criminal defense attorney asserts a new strategy that proves effective and creates a precedent. This occurred when a defense attorney successfully cited new scientific findings proving that gender bias is at play in numerous stages of the DUI arrest process, causing women to fail field sobriety and breath tests.

Our team of Orlando DUI defense lawyers at The Umansky Law Firm make a concerted effort to stay current on all findings that can benefit the accused. With DUI arrests of women steadily increasing in recent years, we are dedicated to protecting your rights and ensuring that matters outside your control don’t result in unjust criminal prosecution. Speak with us today to learn more about the full extent of your legal defense options.

Women and Field Sobriety Tests

There are three basic field sobriety exercises that Orlando law enforcement officers are trained to conduct when they believe a driver to be under the influence of alcohol:

    • The Horizontal Gaze Nystagmus (HGN) Test: Following the tip of a pen with your eyes
    • The Walk and Turn Test: Walking nine steps down a line one direction and back
    • The Leg Stand: Standing on one leg and counting

Aside from the fact that these tests continue to receive extensive speculation for their inefficiency in accurately proving incapacitation, women can receive an unfair judgment in their completion of these exercises. For starters, exercises in general are best completed in comfortable footwear. Women tend to wear uncomfortable footwear like high heels and slippers that can prove extremely difficult when walking in a straight line or balancing on one foot.

One must also consider the fact that women react to stress differently than men. A woman pulled over for drunk driving may easily start crying or shaking, signs that law enforcement commonly interpret as cues to intoxication. Take into account that the vast majority of DUI officers are also male. Being pulled over alone in a secluded place by an aggressive male officer can be intimidating and cause a female driver to become hesitant and question the officer’s actions, which can quickly result in an arrest.

Gender Bias Against Women in Breath Tests

The Intoxilyzer 8000, the instrument used by Florida law enforcement officers to gauge alcohol levels in DUI suspects, was calibrated for men. This device often provides inaccurate readings for women who are subjected to breath tests, as the figures settled on as the legal limit in Florida are based on the body composition of a man.

A man’s body holds more water content than a woman’s does on a per pound basis. The water in our bodies is what dilutes the ethyl alcohol that we consume when drinking beer or liquor. This means that men naturally dilute ethyl alcohol faster than women do, resulting in the possibility of a woman who weighs the same as a man and had the same number of drinks to have a breath test reading that is significantly higher.

Aggressively Defending Women Stopped for DUI

The Orlando DUI defense lawyers at The Umansky Law Firm are aware of the many factors that make women more prone to a DUI arrest than men and can use it to your advantage. With more than 100 years of experience and time spent as prosecutors on the state and local level, our team of attorneys knows what it takes to defeat a DUI case. Attorney Bradford Fisher served as the DUI specialist for the State Attorney’s Office before shifting his focus to felony work. Bring your case to him and he can use his insight to ensure that you stay one step ahead of the prosecution in your DUI case.

Contact us today at 407-228-3838 for a free case evaluation.