How GERD, Heartburn & Acid Reflux Affects DUI & Breathtesting

If you are arrested for DUI and have G.E.R.D than 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

The esophagus is the tube that carries food and liquids down from the throat to the stomach. 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, and drinking alcohol.

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

If a person who has GERD is arrested for DUI, they may have to have a breathalyzer test rather than a blood test to determine their blood alcohol content (BAC).

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

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

What Happens If I have G.E.R.D and vomited right before a breathalyzer test

Yes. 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.

If I have GERD and had a large meal and several glasses of wine before driving, could this cause a false breathalyzer result?

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

If the person finishes drinking alcohol shortly before driving, there may be unabsorbed alcohol in their stomach that could be pushed into their mouth by the reflux and this could cause a falsely high reading on a breathalyzer test.

What should I do if the police officer in my case failed to find out about my GERD and I got a high BAC result from a breathalyzer machine?

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 can drinking alcohol cause GERD symptoms 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 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.

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 vomit, belch, or have the hiccups because this could cause alcohol from the person’s stomach to be read by the breathalyzer machine4.

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.

Hiring An Attorney

If you have been arrested and would like to learn more about what attorneys charge.

If you want to understand why its important to have an attorney represent you.

For general questions, please leave them in the comments below and we will answer them promptly.

If you are ready to discuss a pending case contact the Aizman Law Firm at 818-351-9555 for a free confidential consultation.

Request A Free Consultation 818-351-9555 

Footnotes

  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. []

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