Blood Alcohol Testing Adversely Impacts Overweight Individuals

When it comes to blood alcohol testing, the results have a lot to do with how fast a person’s metabolism works and how well they can process alcohol that has been consumed.  Since everyone’s metabolism functions at different levels, it seems that blood alcohol testing isn’t a very reliable method of determining impairment.  In states with per se driving under the influence laws, this test is relied on for prosecution of driving under the influence charges because prosecutors do not have to show evidence that the defendant was displaying dangerous driving patterns, smelled of alcohol, or had an intoxicated appearance.  If this test is being used as a tool to convict people of a crime that will haunt them forever, then certainly it should be reliable and valid for all persons.  Unfortunately, this is not the case and it doesn’t seem to be of great concern for law enforcement officials and politicians who continue to allow blood alcohol testing to be used as a major piece of evidence in many driving under the influence cases.  As an example of how differently people metabolize alcohol, compare an athlete with a sedentary individual that has a desk job and performs little to no exercise each day.  The athlete has toned his or her body through daily exercise and has a body chemistry that allows for more efficient alcohol processing.  The sedentary individual performs little to no exercise and may even be having an adverse effect on the speed of their metabolism.  This individual can drink the same amount of alcohol as an athlete with a better metabolism and fail blood alcohol tests while the athlete may beat the test because their body has processed the alcohol more quickly.  Until officials come up with a better system, overweight people with slow metabolisms will continue to suffer at the hands of a system that makes no adjustments for a person’s individual body chemistry or metabolic speed.  If you’ve been arrested for and charged with DUI, be sure to contact a skilled California DUI lawyer to ensure that you have the best legal representation possible.