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Can Gerd affect a breathalzer test, do you know if any dui cases been won by proving the client has gerd?

Camarillo, CA |

I just got a dui last week and have gerd and thought the reading of .15 was much higher than it should of been.

Attorney Answers 6

Posted

yes and yes also a number of other factors can effect a breath test. you
need an experienced attorney to handle this

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Manny Daskal

Manny Daskal

Posted

GERD is a complicated medical defense. You need an experienced , qualified DUI atty. to assist you. To find some attys. from your area who are experienced in these types of case go to the Ca. Dui Lawyers Assoc. website where they are listed.

Posted

Depends on the state's case law but in IL, GERD can be a defense if the facts fit correctly. You should consult a lawyer.

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Posted

It could be.. We're there multiple consistent readings of .15? Did you inform the officer of your condition? You really need to contact an attorney ASAP, fight the DMV hearing as well as the criminal case. Good luck!

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Posted

Herd has to do with acid reflux and related diseases. I do not believe it has any effect on a BAC . Alcohol is usually not recommended for people who suffer with Gerd. Get an attorney . There may be still ways to deal with this in Ventura .

Andrew Roberts
(818) 597-0633

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Posted

The short answer to your question is Yes. Gerd can affect a breath test.

That said, like many things in reality, there is a lot more to this issue. First off, officers do not usually request only one breath test and in fact doing so deviates from traditional police protocol for a number of reasons. Most importantly, Title 17 (law governing chemical test) requires that an individual submit (2) breath test atleast two minutes apart with a deviation no greater then .02. In an individual with acid reflux who is currently experiencing an episode, we could expect to see highly elevated (and not necessarilly closely correlated BAC samples). An example of this might be shown as a first breath test of a .25 %BAC followed by one a couple of minutes later of a .10%BAC once the mouth acohol disapates.

There are times when facts present themselves where a Gerd defense may be successful but these are rare circumstances that require an experienced DUI attorney. If you feel that your acid reflux may have played a role in the higher then expected BAC, sit down with a competent DUI attorney and have him give his thoughts on your particular situation.

Good luck with this!

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Posted

It can affect a result.

The test records need to be examined to establish large variations in the results or numerous test failures.

Records need to be obtained from the crime lab to make those determinations.

Most lawyers that are familiar with DUI defense will know how to follow up.

Good luck.

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