DWI Defense Law Attorney in St. Peters, MO Challenges Breath Tests for People With Elevated Body Temperatures

by | Oct 27, 2017 | Legal

Challenging the results of the breath test that estimates blood alcohol content (BAC) is one effective strategy used by a DWI Defense Law Attorney in St. Peters MO. Body temperature is one factor that may invalidate the reading since the equipment is calibrated for the norm. When someone has a higher-than-normal body temperature, even to a small degree, it can call the results into question. Someone who needs an attorney after being charged with DWI may Visit Niedner Law online.

Fever

A person’s temperature can be a little higher than normal for many reasons. The main issue for a DWI Defense Law Attorney in St. Peters MO will be showing why this is a valid defense for a particular client. Someone cannot just claim to have had a fever without any evidence of this, for instance. If the person went home from work early on the day in question because of not feeling well, this adds some support to the claim.

Menopause

A woman who is dealing with the start of menopause also sometimes tends to be warmer than the norm. In fact, the anxiety of being pulled over by police when she knows she had a little too much to drink can be enough to cause a hot flash to occur. A DWI defense lawyer can cite research that links stress and anxiety to the occurrence of hot flashes. These unpleasant episodes can actually elevate skin temperature by a full seven degrees, although core body temperature is not affected that dramatically.

In the Future

In the future, it’s essential for the person to understand how much alcohol is too much when planning to get behind the wheel. Women are more susceptible to the effects of alcohol than men, and not only because they are generally of smaller build and stature. Women also metabolize alcohol differently and have a different percentage of water content in their bodies than men do.

A woman who weighs 130 lbs. will probably have BAC above the legal limit if she drinks two glasses of wine while spending 90 minutes out with her friends after work. She could avoid legal trouble by limiting herself to one glass and having another at home later if she so chooses.

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