While I strive to give you an accurate and applicable answer to your question, and if I can possibly provide a legal avenue for you to have a successful legal outcome I will, I don't have the ability to provide you with favorable law if it doesn't exist.
I will presume that if you underwent gastric bypass this year that you have still not reached your weight goal yet.
By-pass surgery or not, if your weight is 150 or more, there should be no way that your blood alcohol level was above the legal limit after 2 glasses of wine---unless you drink your wine from a very large wine glass. Illness can affect the test---of that there is no doubt. That is something that your attorney will want to argue vigorously.
However, if your blood alcohol level was above the legal limit, or if your driving, appearance and field sobriety test results constituted "appreciable impairment" under the law, regardless or the picky reason you were pulled over, a second conviction for DUI in SC within 3 years of the first bring with it some very stiff penalties.
In the state of North Carolina, if you have a second DUI conviction within three years of your first, you will face harsher penalties. For a second offense within 3 years you are facing:
- A misdemeanor conviction.
- Driver's license revocation for a mandatory 4 years.
- Up to a $2000 fine and/or up to 24 months in jail.
If you are convicted, there is a reasonable chance that you will be allowed a limited privilege if you can show a need based on one of the following criteria:
2. Community service
3. Emergency medical care
4. maintenance of your household.
I wish you well.
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