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OVI Defenses For Fat People

Dayton DUI Attorney Charles Rowland > DUI Law  > Case Law  > OVI Defenses For Fat People

OVI Defenses For Fat People

OVI Defenses for FAT People

OVI defenses for Fat PeopleDid you know that the DUI laws are inherently biased against most of us? Alcohol loves water and will move into spaces where water is the most prevalent.  Fatty portions of the body have a low water content.  They 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.

OVI DEFENSES FOR FAT PEOPLE

So, we can conclude that the fatter the person, the more alcohol will remain in the bloodstream. This results 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. Therefore, less 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.

OVI DEFENSES FOR FAT PEOPLE

Women have, on average, a higher percentage of body fat.  In addition, older people have, on average, a higher percentage of body fat.  So, 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.

Charles Rowland

charlie@daytondui.com

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.

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