Drunk driving has been a problem on the nation's highways for decades. Thousands of people are killed each year from drunk drivers, and even more are injured or disabled for life.
Some attorneys who defend drunk driving suspects are known for their creative approaches to defending their clients, sometimes using little-known scientific studies to successfully defend their motorists in drunk driving cases.
In Arizona, drivers suspected of drunk driving are typically given a series of tests. Field sobriety tests are usually given at the arrest scene to see if the alcohol or drugs a driver is suspected of taking has affected his or her motor coordination. Along with these tests, the investigating officer will ask the motorist to submit to a breath test to measure the amount of alcohol in his or her system. A breath test is designed to measure the concentration of alcohol in your deep lung air, which reportedly is an accurate measure of your blood alcohol. A driver with a blood alcohol concentration of 0.08 percent or higher can be charged with a drunken driving offense, but may vary by locale and driver age.
Defense lawyers around the country have recently been attacking the breath test evidence, or breathalyzer, with the GERD defense. GERD stands for gastroesophageal reflux disease and is a medically recognized condition. The idea behind the defense is that acid reflux or heartburn can cause undigested or semidigested stomach acids that contain alcohol to travel from your stomach to your mouth and result in a falsely high reading of your actual blood alcohol concentration.
According to attorneys who have used the defense, the suspect must have burped, belched or regurgitated shortly before or while blowing into the breathalyzer, although this may not always be so apparent to the officer observing the suspect. Even if you do not suffer from acid reflux disease, having recently eaten a spicy meal can cause the same reaction.
Although the defense is gaining a larger following, there is one study that has dispelled the notion that GERD can result in a false high reading, although the study included only a few subjects. As the GERD defense gains in acceptance, there will certainly be more studies done in an attempt to discredit this newest defense maneuver.
In any case, it is always wise to consult with an experienced criminal defense attorney who is able and willing to explore any reasonable defense if you are charged with drunk driving.
