Find Out Why You Need To Discuss Your GERD Diagnosis With Your DWI Lawyer

9 April 2015 by Jonathan Phillips

If you were recently arrested for driving while under the influence, the fact that you suffer from GERD, (Gastroesophageal Reflux Disease), is probably the last thing on your mind. However, the the fact is, this rather common medical condition could have a lot to do with your arrest, and even more to do with your defense. This is because GERD can interfere with the results of a breathalyzer test and ultimately make it appear as though your blood alcohol content is much higher than it truly is. Below you will learn more about the impact GERD can have on a breathalyzer test and how your lawyer can use this information to help defend you against a DWI charge.

Understanding How The Breathalyzer Works

A breathalyzer test is designed to determine your blood alcohol content quickly rather than waiting for the results of a blood test to get this information. This allows law enforcement officials to act quickly when they suspect someone of driving under the influence. In order to provide quick results, a breathalyzer test measures the amount of alcohol that is present in your deep lung air. Since this alcohol content directly relates to your blood alcohol content, breathalyzer tests are typically able to provide extremely accurate results. However, this is not the case when testing individuals who suffer from GERD.

Understanding How GERD Interferes With Test Results

Individuals who suffer from GERD experience issues with acid reflux on a frequent basis. Each time you experience acid reflux, a small portion of the liquid inside your stomach will rise up into your mouth. Typically this liquid is made up of stomach acid. This is what produces the burning sensation that is commonly associated with acid reflux. However, if you have recently consumed alcohol, this liquid will also contain a high alcohol content, even if you only had one drink.

The mouth alcohol that is produced during periods of acid reflux will linger in the mouth and will be measured by the breathalyzer test in addition to the alcohol that is present in your deep lung air. Consequently, this mouth alcohol can cause the breathalyzer to say that your blood alcohol content is much higher than it actually is.

Understanding How Your Lawyer Can Use This Information

While the results of a breathalyzer test will typically be just one piece of evidence used in a DWI case, it will often be the most important piece of evidence. This is because other types of evidence, such as the testimony of the arresting officer, can be challenged based on subjectivity. Therefore, the ability to have the results of the breathalyzer test dismissed will often result in the entire case being dismissed.

By presenting the court with evidence of your medical condition, your DWI lawyer may be able to persuade the judge that the results of your breathalyzer test are unreliable and therefore should not be allowed to be entered into evidence.

Share

Search