Successful "mouth bias" argument results in reduction of DUI to Reckless Driving

Jeffery L. Dickerson

Case Conclusion Date:February 9, 2012

Practice Area:DUI / DWI

Outcome:DUI reduced to Reckless Driving

Description:Our client, who was under the age of 21, was arrested for DUI-Per Se by Alpharetta Police. Since the client had a history of chronic acid reflux, we argued that the test result was not reliable. Specifically, we argued that he suffered an acid reflux attack prior to the administration of the breath test, thereby introducing unmetabolized alcohol from the stomach into the esophagus, thus tainting the breath sample. Accordingly, the DUI-Per Se charge was reduced to Reckless Driving.