dui and brethalyzers after Gastric Bypass Surgery

[ollie83]

I have heard that if you have had Gastric Bypass surgery that a breathalyzers will not accuratly give the true reading which in some cases is more than twice the blood alcohol content. Can this be and has it been used in defense of a DUI charge?

[fredpuli47]

The most obvious reason would be that someone who has had the surgery has a higher blood-alcohol level because e.g. the alcohol gets into their blood more quickly, or a given amount of alcohol produces a higher concentration than the same amount given in identical circumstances, than is the case for someone who hasn't had the op

That's a 'defect 'in the body of the drinker who has had the op, not in the machine. The reading would be correct and that's what matters.