How GERD can Fool a DUI Breath Test
GERD (Gastroesophageal Reflux Disease) is quickly becoming one of the more popular California DUI defenses. This is likely because between 25-45% of our population is affected by this disease…and because it is receiving more public attention.
GERD, as well as acid reflux and heartburn, are all medical conditions that can cause any alcohol that is in your system to travel up from your stomach and into your mouth. If this happens just prior to or during a California DUI breath test, your blood alcohol concentration will report a false high result.
This means that GERD can negatively influence a DUI breath test for someone who chronically suffers from this condition. It also means that GERD can negatively influence a DUI breath test for someone who may have suffered a GERD-like reflux simply from eating a spicy, greasy, or gassy meal.
Someone who has one drink could conceivably produce a BAC result above a 0.08% if he was experiencing GERD, acid reflux, or heartburn at the time he submitted to his DUI breath test. As a result, if you are investigated for California drunk driving…and could be suffering from one of these reflux conditions…make sure that you report this to the officer when he/she asks you if you have any medical conditions.
And, even more importantly, be sure to inform your California DUI defense attorney if you think GERD, acid reflux, or heartburn could help account for what you believe was an inaccurate BAC result.
