Most Rochester residents are aware that it is legal for them to consume a certain amount of alcohol and still drive a motor vehicle.

Many people adhere to a formula, such as if they have one alcoholic drink per hour or less, they can still safely operate a motor vehicle.

Unfortunately, there is no precise formula regarding how much a given person can drink and still legally drive because each individual has a different size, weight and metabolism.

For individuals who have undergone gastric bypass surgery, the removal of part of the stomach may seriously impact the manner in which that person processes alcohol.

Studies of individuals who have undergone gastric bypass surgery reveal that they absorb alcohol at a more rapid rate than most other individuals, even when the surgery was performed years before the test.

For some of these individuals, their blood alcohol content increased so rapidly that it matched what would be expected if alcohol had been injected intravenously instead of consumed through the digestive system.

The surgery had no effect on the rate at which alcohol was eliminated from their system, just the rate at which it was absorbed.

As a result, anyone who has undergone gastric bypass surgery should be aware that even drinking a small amount of alcohol may cause a rapid spike in their blood alcohol content and be very cautious when imbibing any amount of alcohol before driving.

While the fact that a driver has undergone a gastric bypass and was not aware of how it may alter his or her ability to process alcohol may be helpful when seeking a plea to a lesser charge or defending a case at trial, the driver is still likely to be arrested and charged if stopped in an apparently intoxicated condition.

If you have been arrested for drinking and driving and need the help of an experienced DWI lawyer, please call us at 585-484-7432.