Reader’s Question:

My husband was arrested for DUI in Lakewood, Washington and he failed the blood alcohol test as well as the breath test. He is suffering from GERD and from what I heard, we can use that as a defense. How true that GERD poses problem on the accuracy of breath testing?

Wendy

Lakewood, WA

Gastroesophageal reflux disease or GERD is a chronic condition that results from esophagus deterioration from stomach acid eruptions over time. The impact on breath testing is if the alcohol erupting from the stomach into the mouth from gastric reflux poses a problem with accurate breath testing during a 20-minute observation period.

In Washington, the Washington State Patrol studied the issue of GERD and concluded safeguards should be carried out for accurate and fair breath testing. Their conclusions for appropriate breath alcohol testing implied a sound forensic practice should be followed to guarantee the integrity of the breath test and GERD recognition. The safeguards include at least 15-minute pre-sample observation period, instrument detection of mouth alcohol, duplicate testing, visual observations looking for symptoms of GERD and alert operators who ask appropriate questions. Your husband can definitely attack the results of the breath test and use it as a defense on his DUI charge in Lakewood, Washington especially if the safeguards on breath testing are not followed.

Tags: DUI, DUI advice, DUI lawyer