After consuming alcohol, will a fat person or a thin person have a lower BAC?
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.
Is this fair? It will be up to your experienced DUI trial counsel to make the argument that the breath test machine unfairly evaluates the inference of alcohol in your bloodstream. Hire an OVI attorney who has the understanding of DUI science, so that he or she can make the case to the jury. This defense is not applicable in all cases and a careful and deliberate process should be used to determine if this is a valid defense in your case. Charles M. Rowland II was the first attorney in the United States to earn a Forensic Sobriety Assessment certification and the only attorney in Ohio to hold such a distinction. He has been trained in the same manner as law enforcement officers to administer and evaluate the standardized field sobriety tests as devised by the National Highway Traffic Safety Administration and he holds certification on both the BAC DataMaster and Intoxilyzer 8000 breath test machines. If you want an attorney who has the experience to represent you and an attorney who limits his practice to the defense of the drunk driver, contact Charles M. Rowland II at (937)318-1DUI [318-1384] or 1-888-ROWLAND [888-769-5263] today.
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