Having certain stomach issues can lead to false positive DUI breath tests
GERD, or gastroesophageal reflux disease, is an incredibly common medical condition, affecting approximately 20% of the population of the United States. While GERD is treatable through diet and medication, it can seriously affect a person’s life. That includes the possibility of causing a DUI arrest.
As a Santa Ana criminal attorney can explain, law enforcement officers often rely on chemical breath tests to determine a person’s blood alcohol concentration, or BAC. This is done both through preliminary alcohol screenings (or roadside breathalyzers) as well as post-arrest chemical breath tests through machines like the Breathalyzer. Under California law, the legal limit to operate a motor vehicle is 0.8% BAC, or lower if you are under the age of 21, currently on DUI probation, or operating a commercial motor vehicle. If your breath test shows that you are above the legal limit, you may be arrested and charged with a DUI.
So how does GERD related to DUIs? To understand how having GERD or other conditions, such as acid reflux, a hiatal hernia or heartburn can lead to a DUI arrest, you first have to understand how these chemical breath tests work. In essence, breath tests work by measuring the amount of alcohol in your blood. However, because these tests aren’t actually analyzing your blood, this determination is made by approximating your BAC based on the air that is blown into the machine.
People who suffer from GERD and related conditions tend to have a higher level of what is known as “mouth alcohol,” or unabsorbed alcohol in their mouth. This happens because undigested food and beverages — along with stomach acid — back up into their mouths. If you have consumed any alcohol, then it is very possible that undigested alcohol will wind up in your mouth — which can cause a false positive DUI breath test.
Law enforcement and prosecutors often argue that these chemical tests only measure the presence of alcohol from “deep lung air.” However, independent tests have shown that these tests aren’t always sensitive enough to distinguish between mouth alcohol and alcohol contained in deep lung air. They may also claim that as long as you were observed for 15 minutes prior to the administration of the test — as required under California law for post-arrest breath tests — then GERD and related conditions couldn’t have affected your test results. This observation period is required because if a person vomits, belches, or consumes something with alcohol, it can throw off test results. However, regurgitation that is caused by GERD isn’t always obvious — which means that a person may have their stomach contents backing up into their mouth without anyone ever knowing.
If you suffer from GERD and have been charged with a California DUI, your Santa Ana criminal attorney can use your medical condition to challenge the results of the chemical breath test. Reach out to the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our team.
