first time offense

[gota?]

I am from NY. A person rolls their truck and get taken to the hospital where the doctors draw blood and it's found that the person's bac is .20. it's their first offense . the doctor "states" that having the gastro bypass surgery , which was back in 2002, could be why the bac was so high.. is that true and what could this person be looking at as far as charges and fines?What is the name of your state (only U.S. law)?

[FlyingRon]

It doesn't matter how you get to the high BAC, you're impaired with it. Gastric bypass patients get drunk faster and stay drunk longer, but their still impaired and the medical community specifically warns those with the surgery to NOT drink.

[Ohiogal]

Originally Posted by FlyingRon

It doesn't matter how you get to the high BAC, you're impaired with it. Gastric bypass patients get drunk faster and stay drunk longer, but their still impaired and the medical community specifically warns those with the surgery to NOT drink.

I would disagree about the stay drunk longer. It (alcohol) moves through a RNY's patient's body very quickly but is hard on the liver. HOWEVER the medical community does specifically issue warnings to everyone having the surgery. Those who have gastric bypass RNY or even the lapband can NOT use the surgery as an excuse as to why they should drive drunk. INSTEAD they need to abstain from driving ENTIRELY if they drink ANYTHING alcoholic because even ONE beer can possibly make them extremely drunk (approaching .08) due to the fact that the stomach breaks down NADA of it and it hits the intestine and bloodstream dang near full force.