Can Acid Reflux or GERD Affect a DUI Breath Test in Bakersfield?

A breath-test result can appear to be straightforward:

You blow into a machine, and the machine produces a number.

But DUI breath testing depends on the assumption that the sample accurately reflects alcohol coming from the lungs rather than alcohol present in the mouth.

That distinction can make certain medical conditions relevant.

One example is gastroesophageal reflux disease, commonly known as GERD.

What is “mouth alcohol”?

Breath-testing devices are intended to estimate blood alcohol concentration based on alcohol contained in exhaled breath.

Alcohol remaining in the mouth, however, may potentially distort a breath sample.

This is commonly referred to as mouth alcohol.

Potential sources may include:

• Recent drinking
• Burping or belching
• Regurgitation
• Vomiting
• Certain medical conditions involving reflux

Whether any of these factors actually affected a particular test depends on the circumstances.

Why can GERD matter?

GERD occurs when stomach contents flow back into the esophagus.

If alcohol-containing stomach contents reach the mouth shortly before a breath sample, questions may arise about whether residual alcohol affected the test.

Simply having GERD does not automatically invalidate a DUI breath test.

The issue is whether reflux or regurgitation occurred in a way that may have affected the particular sample.

The observation period can be important

Breath-testing procedures generally include a period during which the person being tested is observed before providing the sample.

That period is intended, in part, to reduce the possibility that recent drinking, regurgitation, vomiting, or other events will contaminate the breath sample.

An attorney reviewing the test may therefore examine what happened immediately before the driver blew into the device.

Video evidence may help

Body-worn camera or other video may provide useful information about the period before the breath test.

It may help show:

• Whether the driver burped or regurgitated
• Whether the officer continuously observed the driver
• How the testing procedure was conducted
• Whether the driver mentioned a medical condition
• How much time passed before the sample was taken

That evidence can be compared with the police report and breath-test records.

A medical condition does not automatically defeat a DUI charge

Having acid reflux or GERD is not, by itself, a DUI defense.

A breath-test challenge must be tied to the facts of the individual case.

Prosecutors may also have other evidence, including driving behavior, field sobriety tests, officer observations, statements, or additional chemical testing.

The entire case must be evaluated.

What you should do now

If you have GERD, acid reflux, or another condition that may have affected your DUI breath test:

1. Tell your attorney about the condition.
2. Preserve relevant medical information.
3. Write down whether you experienced reflux, burping, or regurgitation before testing.
4. Record what you remember about the officer's observation and testing procedure.
5. Speak with a DUI lawyer who can review the breath-test records and available video.

A breath-test number should be evaluated along with the circumstances under which the sample was obtained.

Speak with a Bakersfield DUI lawyer today

If you are facing DUI charges in Bakersfield, Martens Law Firm can review the breath-test evidence, explain your legal options, and help protect your rights.

📞 Call (661) 590-0385 for a free consultation.

Written by Martens Law Firm