CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI and GERD

How GERD Can Affect DUI Breath Tests in California and What You Can Do About It

Driving under the influence (DUI) charges are a serious offense in California that can result in harsh consequences such as high fines, jail time, and a criminal record. When police pull over drivers suspected of DUI, they usually require them to take a breath test or blood test to measure their blood alcohol concentration (BAC). However, these tests are not always accurate, and medical conditions like gastroesophageal reflux disease (GERD) can affect the results. In this article, we will discuss how GERD affects breathalyzer test accuracy and how you can protect your rights if you have been charged with a DUI.

What is GERD?

GERD is a digestive disorder that affects the lower esophageal sphincter (LES), the muscle that separates the esophagus from the stomach. Normally, the LES closes after swallowing to prevent stomach contents from flowing back up. However, in people with GERD, the LES is weak or relaxes too often, allowing stomach acid, bile, and undigested food to flow back up into the esophagus. GERD can cause a burning sensation in the chest (heartburn), acid regurgitation, difficulty swallowing, and other symptoms.

How Does GERD Affect Breathalyzer Test Results?

When you drink alcohol, it is absorbed into your bloodstream and carried to your lungs, where it diffuses into the air you exhale. During a breathalyzer test, you blow into a device that measures the amount of alcohol in your breath to estimate your BAC. However, the test assumes that the alcohol in your breath comes from deep lung air, not from your mouth, throat, or esophagus. If you have acid reflux or GERD, you may have alcohol vapors in your mouth or throat that can artificially inflate your breath test results.

For example, say you had a glass of wine with dinner at 8 p.m. and got pulled over for a traffic violation at 10 p.m. During the traffic stop, the officer administers a breathalyzer test, and you blow a 0.10, which is above the legal limit of 0.08. However, you have been experiencing heartburn and acid reflux, which caused some alcohol to backflow from your stomach into your mouth and throat. That alcohol mixed with saliva, mucus, and other fluids in your mouth, and then you blew into the device.

The breathalyzer detects the alcohol in your mouth and throat, not the air from your lungs, resulting in a higher BAC reading than your true level. In this case, you might be mistakenly charged with DUI even though you did not drink enough to be impaired.

What is Title 17, and How Can It Help?

Title 17 is a California Code of Regulations that sets the minimum standards for alcohol testing in DUI cases. To improve the accuracy of breath tests, Title 17 requires law enforcement agencies to follow some rules, such as:

– Observing the suspect for at least 15 minutes before the breath test to ensure that they do not eat, drink, burp, regurgitate or put anything in their mouth.
– Administering the breath test using a calibrated and approved device.
– Retaining samples of the subject’s breath, blood or urine for later independent testing by the defense.

By following these guidelines, law enforcement officers can minimize the risk of false positives and protect the rights of suspects. However, Title 17 does not address the issue of GERD or acid reflux directly, and some experts believe that 15 minutes of observation is not enough to ensure that no alcohol vapors are present in the mouth or throat.

What Should You Do if You Have GERD and Have Been Charged with a DUI?

If you have GERD or other digestive conditions and are facing DUI charges, you need to consult an experienced DUI defense lawyer as soon as possible. A skilled attorney like Todd Spodek can help you understand your legal options and build a strong defense strategy based on the facts of your case.

One way to challenge your breath test results is to argue that the officer did not follow Title 17 procedures or that the device was faulty or improperly calibrated. However, this may not be enough if there is evidence that you were, in fact, impaired while driving.

Another strategy is to present medical evidence that GERD or acid reflux affected your breath test readings. Your lawyer may hire an expert witness, such as a gastroenterologist, to testify about the nature of your condition, how it can create false positives, and how to interpret your test results. The expert may also review your medical records, conduct additional tests, and provide a report to the court.

Ultimately, the jury will decide whether to accept the expert’s opinion, but by presenting a credible defense based on scientific evidence, you have a better chance of winning your case or reducing the charges against you.

Conclusion

GERD is a medical condition that can interfere with the accuracy of breathalyzer tests in DUI cases. If you have GERD and are suspected of DUI, you may face false positive results, which can harm your reputation, your career, and your future. By working with a reputable lawyer like Todd Spodek, you can protect your rights and challenge the charges against you using the legal and medical resources available. Remember, a DUI conviction is not inevitable, and you have the right to defend yourself against unjust accusations. Contact us to schedule a free consultation today.