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How GERD May Affect a DUI.

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What is GERD?

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Gastro esophageal reflux disease (GERD) is a medical condition

commonly known as acid reflux.

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How does GERD affect the human body?

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Contents in the stomach of regurgitate back into the esophagus.

Symptoms include: heartburn or acid indigestion.

+Things that can bring on an episode of GERD:

SMOKING

EATING SPICY FOODS

DRINKING ALCOHOL

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How can GERD affect a DUI

investigation?

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If a person has an episode of GERD prior to a DUI breath test, the alcohol gases or vapors can be mistakenly read by the breathalyzer as deep lung air.

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This can cause the breathylizer to give a falsely high BAC result.

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Are officer’s aware of the need to observe for the symptoms of GERD?

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The law requires the police officer to wait and observe the person for 15 minutes to ensure there is no vomit, belching, or hiccups.

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Common Questions

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Question:

If I have GERD and vomited right before a Breathalyzer test, could this cause my bac to be falsely

high?

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Answer:Yes.

Any regurgitation can cause the Breathalyzer machine to read

alcohol from the stomach.

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Answer Continued:

This can cause a falsely high BAC reading.

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Question:

What if I had a large meal and wine just before my breath test?

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Answer:Yes.

A large meal and alcohol can trigger a person’s acid reflux.

Alcohol can then enter the mouth causing a falsely high reading.

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Question:

What if I forgot to tell the officer about my GERD and had a high BAC reading on the machine?

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Answer:

Sometimes, officers fail to properly observe a DUI suspect before a breath test because

they are completing paperwork or other police duties.

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Answer:

If you suffered an episode of GERD or acid reflux during your arrest for a DUI, then your DUI defense attorney needs to know about it in order to attack the readings of the breath

testing machine.

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Diana Aizman, Esq.

(818) 351-9555

@dianaaizman