How can I explain that my BAC had a lot to do with my bypass?

UPDATED: Sep 22, 2017

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 22, 2017Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I explain that my BAC had a lot to do with my bypass?

I blew.18 on breathalyzer last night. I had a gastric bypass in 2008. Can this be dismissed?

Asked on September 22, 2017 under Criminal Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF you are correct and the BAC has to do with the bypass and you would not have been over the limit (anywhere over the limit: i.e. if you would have been over the limit anyway, even if by less, you'd still be liable, so just "reducing" the BAC doesn't necessarily help that much), you *may* be able to escape liability, but to do so, you would need a medical expert (i.e. a doctor with expertise in this area of medicine) to testify about this in court, at your trial, as to how the bypass affected your BAC and what it would be have been without the bypass. The case will not be dismissed ahead of time on your say-so, or even based on medical literature you might provide. Having such an expert examine you and testify can cost many hundred or several thousand dollars, so you would have to weigh carefully whether it is worthwhile trying this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption