The Impact of GERD on Breath Testing in San Diego DUI Cases

If you've been arrested for drunk driving, it's important to know that there may be medical reasons why you failed the breathalyzer test. Gastro-esophageal reflex disease - GERD - is one such medical condition that can affect readings on a breathalyzer machine.

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Symptoms of GERD

GERD shares many common symptoms with acid reflux disease. Certain foods can make it worse, such as spice, fried and fatty foods, caffeine and alcohol, onion and garlic, and citrus foods. If you have problems with these foods, you may have GERD and not know it. If you have a hiatal hernia, you may also have GERD.

Symptoms can include acid indigestion, heart burn, trouble swallowing and/or pain in the mid-abdomen. It is more common in people who are overweight, who smoke and pregnant women.

How GERD Affects the Breathalyzer Test

Breath testing machines have a detector that is designed to register bursts of alcohol in high concentrations coming from the mouth or stomach (as opposed to deep lung air, which is supposed to be tested). These slope detectors are designed to invalidate a breath test when they encounter suddenly elevated levels of alcohol coming from the mouth or stomach.

If someone has GERD, however, these detectors often fail to work because they can't distinguish a steady elevated level of alcohol, part of which is coming from the esophagus. Blood-alcohol content could register higher than it really is, with no error warning from the breath-testing device.

If you've been arrested for DUI, your case needs immediate action. Call San Diego DUI defense lawyer Mark De Yoe. Mark at (619) 894-8295 or email him. He can be reached during daytime, evening and weekend hours.