Acid reflux or GERD (Gastroesophageal Reflux disease) is the inflammation of the esophagus. This causes acid reflux and it is often accompanied by heartburn. The condition occurs when strong digestive acids normally contained in the stomach back up into the espohagus.
GERD has been known to cause false breathalyer readings showing alcohol. This happens when the person taking the breathalzyer regurtitaes consumed alcohol into the oral cavity and that “mouth alcohol” is blown into the breathalzyer during the DUI breath test.

It does not take much regurgitated alcohol to register a high breathalyzer reading. Artifically high blood alcohol readings can occur because of how the breathalzyers work. Breath testing devices used in DUI cases calcualte blood alcohol content (BAC) based on the alcohol contained in a person’s exhaled breath. They are programmed and desgined to measure aveolar or “deep lung air.” When regurgitated alcohol is contained in the throat or mouth and it is blown directly into the breathalzyer, an artifically high BAC can be reported.

In cases were GERD is suspected of causing false breathalzyer readings, it is possible to introduce testimony and the DUI defendant’s medical records to show that he or she suffers from the medical condition. The best DUI lawyers may use an expert witness to testify as to how GERD can cause regurgitated alcohol or stomach gasses containing alcohol to result in falsely high breathalzyer readings

Massachusetts breathalzyer procedures require that persons arrested for operating under the influence be placed under observation for a 15 minute period immediately prior to the administration of the breathalzyer test, in order to rule out mouth alcohol or other contaminants. However, it may not be apparent to the observing police officer that alcohol containing stomach acid or gases has been regurgitated into the person’s mouth.

If you suffer from heartburn, acid reflux, or GERD, and you disagree with the breathalzyer results in your drunk driving cases, you should discuss the matter with a lawyer who specializes in Massachusetts DUI cases, such as Attorney Paul B. Watkins, a former police officer who has been certified as a breathalyzer operator. He has years of experience in dealing with DUI cases and he has achieved outstanding results for his DUI clients.