Many people believe that if they blow into a breathalyzer and register over the legal limit, they must be guilty of driving while intoxicated. However, there are cases where a person can register over the legal limit without consuming any alcohol. In fact, one of the most common causes of false positive breathalyzer tests is acid reflux. If you suffer from acid reflux and are charged with a DWI, this blog post is for you.
How Can Acid Reflux Disease Affect a Breathalyzer Test?
Acid reflux occurs when stomach acid flows back up into the esophagus, causing heartburn and other uncomfortable symptoms. When the acid reaches the mouth, it can create a false positive on a breathalyzer test. The alcohol in the stomach can mix with the stomach acid and create a gas called ethanol, which is then exhaled through the mouth.
If you suffer from acid reflux, it’s important to inform the police officer or technician conducting the breathalyzer test, as they may be able to take steps to ensure a more accurate result. For example, they may ask you to wait a certain amount of time before taking the test or to rinse your mouth out with water before blowing into the device.
It’s also important to note that certain foods and beverages can exacerbate acid reflux symptoms. These include chocolate, coffee, citrus fruits, and alcohol. If you consume any of these before taking a breathalyzer test, you may be more likely to register a false positive.
Contact a Lawyer for Your Legal Defense
If you have been charged with a DWI and suffer from acid reflux, it is important to speak with a DUI defense attorney who has experience in addressing false positive breathalyzer test results. They can review the details of your case and help you understand your options for challenging the charges.
One common defense strategy is to challenge the accuracy of the breathalyzer test itself. Breathalyzer tests are not infallible and can be affected by a number of factors, including human error, improper calibration, and environmental factors such as temperature and humidity.
By taking steps to inform the police officer or technician conducting the test, avoiding certain foods and beverages before taking the test, and working with an experienced DWI defense attorney, you may be able to successfully challenge the charges against you.
Don't let a false positive breathalyzer result ruin your life—take action today and contact Rodriguez & Gimbert, P.L.L.C. for help.
