GERD/Acid Reflux defense and DWI?

Asked about 1 year ago - New York, NY

If i have no physcial proof of GERD(endoscopy,ultrasound) but had symptoms for months and it was documented in doctors writing/notes and got a prescribtion with date on it the week before i got a dwi, is this a good a good case for trial because it can give false high bac reading and likeliness of dismissal? also what experts would i need to get

Attorney answers (3)

  1. Marco Caviglia

    Contributor Level 19


    Lawyers agree

    Answered . Physiologically, it could cause an aberrant reading, but there would be evidence of the problem at the time that you took the chemical breath test, and modern devices will shut down and state that there is vomitus in the tube or machine. Discuss this with your attorney.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  2. Anthony Michael Solis


    Contributor Level 20


    Lawyers agree

    Answered . You need an expert to analyze this and explain it to a jury. If you get a very good criminal defense attorney familiar with DWI cases, they usually have an array of expert to work with. This isn't the time for DIY defense.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  3. Christopher Irvin Simser

    Contributor Level 19


    Lawyers agree

    Answered . Attorney Solis is 100% correct. Even in "run of the mill" DWI cases with no additional factors, defending yourself without the aid of a qualified DWI defense attorney is a poor idea. Doing so when you hope to raise a specialized defense of a medical nature is even less advisable.

    You need to retain an attorney who will discuss this potential defense with you, and who can interact with your physician to review what, if any, defense may lie in your medical records. I suggest you do so as quickly as you can.

    Christopher I. Simser, Sr.
    Anelli Xavier
    Syracuse - Albany - Rochester - Buffalo

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