How GERD, Heartburn & Acid Reflux Affects DUI & Breath Testing

If you are arrested for DUI and have G.E.R.D then this may have influenced the results of your DUI breath test.

In fact, an expert can testify on your behalf and show that G.E.R.D was the cause of your falsely high BAC reading

Lets take a closer look….

What Is Gerd?

GERD stands for “Gastroesophageal Reflux Disease.” This medical condition is commonly called acid reflux¹.

If a person has GERD, the contents of their stomach (including acidic stomach juices) can reflux back into their esophagus²

When a person suffers from GERD, they commonly experience heartburn or acid indigestion.

What Can Cause G.E.R.D?

There are many things that can bring on an episode of GERD including:

• Smoking
• Eating spicy foods
• Drinking alcohol

How Can Drinking Alcohol Cause GERD Before A Breathalyzer Test?

If a person with GERD drinks alcohol before driving, this can cause the alcohol to be forced back up into their throat and mouth during an attack of acid reflux.

In some cases, this GERD attack can cause the person to have a strong odor of alcohol even though they may not have drank enough to be over the legal limit of 0.08% in California.

If I Have GERD Could This Cause A False Breathalyzer Result?

Yes, a large meal and alcohol can trigger a person’s acid reflux disease.

What Happens If You Are Arrested For DUI & Have Gerd?

If the person has an episode of GERD before the breath test, mouth alcohol can combine with deep lung air during the breathalyzer test and cause a false reading³.

If a person suffered a GERD episode during their arrest for DUI, they should tell their DUI attorney because they may be able to present a defense based on medical evidence and other evidence about the person’s sobriety at the time they were arrested.

View our presentation on how GERD can affect a DUI charge for more details.

What Happens If I Have G.E.R.D And Vomited Right Before A Breathalyzer Test?

Any type of regurgitation can cause the breathalyzer machine to read alcohol from the stomach and this can cause a falsely high BAC reading.

If a DUI suspect vomits before a breathalyzer test, the person giving the test is usually required to give the suspect a glass of water and wait 15 minutes before giving them another breathalyzer test.

Police Must Follow a 15 Minute Observation Period Before Administering The Breath Test

The law requires a police officer giving someone a breath test to wait and observe the person for 15 minutes to make sure that the person does not do the following

• Vomit,
• Belch, or
• Have the hiccups

The reason for this observation period is because this could cause alcohol from the person’s stomach to be read by the breathalyzer machine⁴.

What Should I Do If I Had A High BAC Result From A Breathalyzer Machine & I Have GERD?

In many cases, police officers may fail to observe a DUI suspect before a breathalyzer test because they are doing paperwork or other police duties.

If this happened in your case and you think acid reflux caused your BAC reading to be falsely high, you should consult with a DUI attorney because the results of your breathalyzer test may not be admissible later in court.

How Do I Prove I Have GERD To The Prosecutor?

Most DUI defendants who suffer from GERD will have to present evidence from a physician to show that they suffer from the condition so that a court can determine whether GERD played a role in a high breath-alcohol test result.

Important DUI Information

1. The 3 Stages Of A Misdemeanor DUI Court Process
2. 4 Ways A DUI Can Become A Felony
3. Wet Reckless As A DUI Plea Bargain
4. How To Win A DMV Hearing
5. How To Expunge A DUI Conviction

1. See WEBMD: Definition of Acid Reflux [↩]
2. See Medline Plus: GERD Summary. [↩]
3. People v. McNeal (2009), 46 Cal.4th 1183, 1191. [↩]
4. Title 17 California Code of Regulations, Section 1219.3. [↩]