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/

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How GERD May
Affect a DUI.

2. +
What is GERD?

3. +
Gastro esophageal reflux disease
(GERD) is a medical condition
commonly known as acid reflux.

4. +
How does GERD affect
the human body?

5. +
 Contents in the stomach of
regurgitate back into the
esophagus.
Symptoms include: heartburn or
acid indigestion.

6. +
Things that can bring on an episode of
GERD:
SMOKING
EATING
SPICY
FOODS
DRINKING
ALCOHOL

7. +
How can GERD affect
a DUI investigation?

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. +
 This can cause the breathylizer to
give a falsely high BAC result.

10. +
Are officer’s aware of the
need to observe for the
symptoms of GERD?

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.

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Common Questions

13. +
Question:
If I have GERD and vomited right
before a Breathalyzer test, could this
cause my bac to be falsely high?

14. +
Answer:
Yes.
Any regurgitation can cause the
Breathalyzer machine to read alcohol
from the stomach.

15. +
Answer Continued:
This can cause a falsely high BAC
reading.

16. +
Question:
What if I had a large meal and wine
just before my breath test?

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. +
Question:
What if I forgot to tell the officer about
my GERD and had a high BAC
reading on the machine?

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. +
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. +

22. +
Diana Aizman, Esq.
(818) 351-9555
@dianaaizman