I was charged with DUI. No prior criminal record nor driving tickets.
1. Police report indicated PBT 0.013 (Way under the limit) but arrested since i failed FST.
2. Data master reading is 0.12.
3. Last year I have been diagnosed with GERD. Recently i went through another endoscopy and doctor reconfirmed GERD.
What are the chances of wiining the case based on GERD?
Will the punishment be more severe if i loose.?
Should i plead guilty instead of trial?
Gastroesophageal reflux disease (GERD) is a very viable defense in a breath test case. In order to properly present this defense, you will need the testimony of an expert witness or two to explain GERD and how it affects the proper functioning of the breathalyzer.
As to more severe punishment after losing at trial, that is a possibility. A local attorney who is familiar with local courts can certainly advise you about this factor as well as whether a guilty plea is worth giving up your rights to the presumption of innocence and a jury trial.
There are many attorneys in your area listed on this website. Call one today.
Best of luck.
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