Woman blamed gastric bypass surgery for drink driving offence

Perth Sheriff Court: Shirley Lumsden was banned from driving.

A woman has blamed having a gastric bypass operation for her being caught drink driving.

Shirley Lumsden, 42, told Perth Sheriff Court she was over the limit after drinking half a glass of wine.

She was arrested after being spotted by police officers swerving all over the road and driving at just 10mph.

The court heard on Thursday that the gastric bypass operation meant alcohol did not go through her stomach but simply went straight into her bloodstream.

Lumsden, who trains care workers, made the claim after she admitted failing to provide breath specimens at Perth Police HQ on May 6 after she was stopped on the unclassified road between Stanley and Kinclaven in Perthshire.

She told the court that she had not been aware of the effect a small amount of alcohol could have as a result of her earlier operation.

The court heard Lumsden, of Rannoch Road, Perth, will lose her job as a result of the offence.

Fiscal depute Robbie Brown said police were on a mobile patrol on the quiet country road when they spotted Lumsden driving her Vauxhall Corsa erratically.

He said: "It was in front of them and was seen swerving and crossing over the white line constantly. She took some sharp bends at a speed of no more than 10mph. She was stopped and asked if she had been drinking and she said no. There was a strong smell of alcohol and her speech was slurred. She gave a positive roadside breath test and said she could not believe it because she had only had half a glass of wine.

"She was taken to police HQ and asked to give a specimen. She refused and said that because she had had a gastric bypass the alcohol would go straight through."

Solicitor Mike Tavendale, defending, said: "She had gastric bypass surgery seven and a half years ago, although she has only become aware relatively recently that one consequence is that any alcohol does not go through the stomach to be absorbed in the normal manner, but goes straight to the bloodstream."

Lumsden, who will lose her job as a result of the offence, was banned from the road for 16 months and fined £500.

Gastric bypass procedures divide the stomach into a small upper pouch and a much larger lower "remnant" pouch and then re-arranges the small intestine to connect to both.

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