+
How GERD May Affect a DUI.
+
What is GERD?
+
Gastro esophageal reflux disease (GERD) is a medical condition
commonly known as acid reflux.
+
How does GERD affect the human body?
+
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
+
How can GERD affect a DUI
investigation?
+
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.
+
This can cause the breathylizer to give a falsely high BAC result.
+
Are officer’s aware of the need to observe for the symptoms of GERD?
+
The law requires the police officer to wait and observe the person for 15 minutes to ensure there is no vomit, belching, or hiccups.
+
Common Questions
+
Question:
If I have GERD and vomited right before a Breathalyzer test, could this cause my bac to be falsely
high?
+
Answer:Yes.
Any regurgitation can cause the Breathalyzer machine to read
alcohol from the stomach.
+
Answer Continued:
This can cause a falsely high BAC reading.
+
Question:
What if I had a large meal and wine just before my breath test?
+
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.
+
Question:
What if I forgot to tell the officer about my GERD and had a high BAC reading on the machine?
+
Answer:
Sometimes, officers fail to properly observe a DUI suspect before a breath test because
they are completing paperwork or other police duties.
+
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.
+
+
Diana Aizman, Esq.
(818) 351-9555
@dianaaizman
Top Related