GERD and other Medical Defense to DUI

San Jose DUI Defense Lawyers

Breath and blood tests are not always accurate in determining the level of intoxication. There can be medical reasons for an inaccurate reading and this is a prosecution weakness that experienced DUI defense attorneys understand.

At the Moore Law Firm, founding attorney Randy Moore "The King of DUI" is a nationally recognized speaker and instructor on advanced DUI defense trial techniques. With more than 25 years of trial experience in drunk driving defense, he is prepared to explore the medical defenses that may be an option in your case.

False Breath Test Results and GERD

For some individuals, a breath test is going to give inaccurate results because of a medical condition called gastro-esophageal reflex disease, GERD (or gastro-intestinal-reflux-disease, GIRD). Heartburn, burping, belching or regurgitation can result in contamination of breath test results.

A police officers' failure to undertake a 15-minute observation before administering a breath test can be crucial. It is required under California law, the manufacturer of the breath machine specifies it, and it's good science. An error in obtaining or reading a breath test result can have a tremendous impact in fighting a DUI conviction.

Do You Have GERD?

The symptoms of GERD are not unusual for many adults, especially those who are obese, pregnant, or people who smoke. They include frequent heartburn (acid indigestion), or a burning pain in the lower part of the mid-chest and in the mid-abdomen. Some people experience asthma symptoms or trouble swallowing. A hiatal hernia may also contribute to GERD.

Some common foods can worsen the symptoms of acid reflux. If you have problems with these foods, you might suspect that you have a problem with gastro-intestinal-reflux-disease (GIRD or GERD): citrus foods, chocolate, garlic, onions, spicy, fried or fatty foods, tomato-based foods and caffeine and alcohol. Your DUI lawyers at the Moore Law Firm will review medical defenses that could result in a false breath test reading.

Other Medical Defenses

At the time of your first FREE CONSULTATION our attorneys will determine if you have any medical conditions that could have caused inaccurate test results, including any injuries sustained by you, diabetes, dental work, cold/flu, eyesight, etc.

Contact Us

For comprehensive, thorough and aggressive medical defense against drunk driving charges in central or Northern California, contact the Moore Law Firm  to speak with an experienced DUI defense lawyer. Your initial consultation is free.

We are conveniently located with offices in both San Jose, capital of Silicon Valley, and Fresno, capital of Central Valley.