The National Highway Traffic Safety Administration (NHTSA) has just released a study which alleges that more women are being arrested for driving under the influence of alcohol (DUI).  The study, titled “Alcohol-Impaired Drivers Involved in Fatal Crashes, By Gender and State, 2007-2008)(DOT HS 811 095) points to an FBI study (Crime in the United States – 2007) which shows a nearly 29% increase in the number of women being arrested for DUI between 1998 and 2007.  There was a 7.5% drop in arrests of men for DUI over the same period.  To keep it in perspective, however, about 4 times more men than women were arrested for DUI in 2007.  The NHTSA study points out that the number of women that were arrested for DUI in 2008 versus 2007 went up or stayed the same in 15 states, compared with 13 states for the men.  The study then pronounces these changes significant in light of the 9% drop overall in DUI arrests between 2007 and 2008.  

Another way of looking at these statistics though is that in 40 states the number of women arrested for DUI either stayed the same or decreased.  In fact, although not highlighted in the text of the study, the data indicate that between 2007 and 2008, in spite of the increases in 10 states, the overall number of women arrested for DUI in the United States went down 11 percent.

While speaking at a news conference with US Transportation Secretary Ray LaHood, Mothers Against Drunk Driving (MADD) president Laura Dean-Moody was quoted by CNN as speculating on the reasons for the alleged increase.  Moody surmised that the causes of the increase might include economic pressures and television depictions of moms who stay home and drink.  In our experience, the increase might be more due to increased independence of women, who are more likely to drive themselves to events where alcohol is being served, rather than rely on men for their transportation. It is becoming more socially acceptable for women to travel alone, even at night. 

Another confounding factor is the interaction of alcohol with a woman’s unique physiology.  Studies have indicated that a woman’s alcohol metabolism may be affected by the phase of the menstrual cycle and taking oral contraceptives. Moreover, women generally have different body water content from men, which, along with weight, affects a women’s volume of distribution and can lead to higher alcohol levels.  If you are a woman facing a DUI arrest, make sure your attorney understands these special issues.

To read the NHTSA study, go to:

http://www.nhtsa.gov/staticfiles/DOT/NHTSA/reports/811095.pdf

To read the FBI report, see:

http://www.fbi.gov/ucr/ucr.htm

To read about DUI Issues & Women, go to:

http://www.duilawyerorangecounty.com/orange_county_dui_issue_woman.html