Gastric Bypass Issues with a DWI

The law in Texas on DWI regarding alcohol is: Are you normal mentally? Are you normal physically? Are you .08 or more at the time of operating a motor vehicle? The problem with folks who have been arrested for DWI and have had gastric bypass, is that their alcohol metabolism does not reflect a normal person’s alcohol metabolism. When the legislature determined that .08 grams of ethanol in 210 liters of breath, or .08 grams of ethanol in 100 milliliters of blood, at the time of operation is illegal, this was a purposeful, calculated amount of alcohol determined to be... Continue reading →