Breathalyzer Test Defense

Breathalyzer Test Defense

Medical records can be the key to a good defense in a DUI case. GERD, or gastroesphageal reflux disease, can actually change the way a breathalyzer reads your particular sample. In fact, it can cause the machine to suggest your blood alcohol content is much higher than it is. The trick to understanding this is to understand how a breathalyzer works. Most breath machines used in DUI arrests are suppose to measure your alcohol content based in the are in the lining of your lungs. That's why you're told to take a deep breath before you breathe. Medical tests suggest that the air deepest in your lungs offers the best measurement of the alcohol in your bloodstream. Those who suffer from GERD, though, have a huge problem. Alcohol can move from the stomach to the back of the throat, which means that when you blow a breath sample with GERD, the machine reads it wrong and offers a much higher reading than it might to a nonGERD patient. Moreover, even if you don't regularly suffer from GERD but you had just finished a large meal or one that might cause your stomach to produce an excess amount of acid (like a spicy dish or a greasy dish), might have enough acid reflux to cause the breathalyzer results to be inaccurate.

Our court system is an amazing tools, and the rights it protects are incredibly important to your DUI case as well as your defense strategy. In 1966, the United States Supreme Court rules that the police have to advise you of your Miranda rights in any case, including a DUI case if you have been taken into custody and they try to question you. If an officer continues to question you after he has arrested you but he hasn't advised you of your rights, your statements have to be excluded from the court case as a whole, which may help to prove you not guilty of a DUI related crime.