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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 t...
+
 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,
belchin...
+
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 fal...
+
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 pape...
+
Answer:
If you suffered an episode of GERD or
acid reflux during your arrest for a DUI,
then your DUI defense attorney n...
+
+
Diana Aizman, Esq.
(818) 351-9555
@dianaaizman
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How GERD May Affect a DUI

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This presentation discusses how GERD or acid reflux may affect a reading on a breathalyzer test. GERD can cause a falsely high BAC reading and therefore a DUI arrest.

www.lacriminaldefensepartners.com/gerd-and-dui/

Published in: Law, Health & Medicine
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How GERD May Affect a DUI

  1. 1. + How GERD May Affect a DUI.
  2. 2. + What is GERD?
  3. 3. + Gastro esophageal reflux disease (GERD) is a medical condition commonly known as acid reflux.
  4. 4. + How does GERD affect the human body?
  5. 5. +  Contents in the stomach of regurgitate back into the esophagus. Symptoms include: heartburn or acid indigestion.
  6. 6. + Things that can bring on an episode of GERD: SMOKING EATING SPICY FOODS DRINKING ALCOHOL
  7. 7. + How can GERD affect a DUI investigation?
  8. 8. +  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.
  9. 9. +  This can cause the breathylizer to give a falsely high BAC result.
  10. 10. + Are officer’s aware of the need to observe for the symptoms of GERD?
  11. 11. +  The law requires the police officer to wait and observe the person for 15 minutes to ensure there is no vomit, belching, or hiccups.
  12. 12. + Common Questions
  13. 13. + Question: If I have GERD and vomited right before a Breathalyzer test, could this cause my bac to be falsely high?
  14. 14. + Answer: Yes. Any regurgitation can cause the Breathalyzer machine to read alcohol from the stomach.
  15. 15. + Answer Continued: This can cause a falsely high BAC reading.
  16. 16. + Question: What if I had a large meal and wine just before my breath test?
  17. 17. + 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.
  18. 18. + Question: What if I forgot to tell the officer about my GERD and had a high BAC reading on the machine?
  19. 19. + Answer: Sometimes, officers fail to properly observe a DUI suspect before a breath test because they are completing paperwork or other police duties.
  20. 20. + 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.
  21. 21. +
  22. 22. + Diana Aizman, Esq. (818) 351-9555 @dianaaizman

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