GERD ACID REFLUX DUI DEFENSE
GERD, acid reflux, heartburn or other digestive/gastrointestinal medical conditions can affect the BAC level reading of your chemical DUI breath test. GERD stands for Gastroesophageal Reflux Disease and is very similar in its causes and symptoms to the digestive and gastrointestinal conditions such as heartburn or acid reflux. All such conditions create a flow of acid from the stomach into the mouth flooding the mouth with possible mouth alcohol produced by the acid. The DUI breath-testing instrument can then produce an erroneously high BAC reading which can be attacked by a skillful DUI criminal defense attorney.
A DUI defense based upon GERD or a similar condition requires a great deal of skill and preparation in order to be properly presented to the court and the jury. The key is to make sure that your DUI defense team has two separate and completely different experts: (1) a medical doctor or expert who can testify as to how conditions such as GERD arise and produce acid and alcohol which can travel from the stomach to the mouth and (2) a forensic DUI alcohol expert who is knowledgeable and competent to testify about the contaminating effect of the mouth alcohol created by GERD or a similar condition; i.e., the fact that mouth alcohol created by GERD is likely to produce a corrupted erroneous DUI breath test result.
There have been too many unsuccessful DUI criminal defense lawyers who have attempted to cut corners by relying on only a single expert only to see their defenses unravel in light of well-founded objections by the court and the prosecution based upon the lack of proper expertise and scientific foundation for their arguments.