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Did my acid reflux lead to a false-positive breath test?

If you were pulled over as a driver in Michigan, it is likely that you will have been ordered to perform a Breathalyzer test. Even if you know that a medical condition such as gastroesophageal reflux disease (GERD) could potentially impact the results of breath-alcohol analysis, you have a duty to take the test as a driver and will likely face consequences if you refuse to take the test.

If you were found to have a blood alcohol concentration (BAC) of over .08 percent, you will face a DUI conviction in Michigan. This can result in fines, a ban from driving and even jail time. You do have the opportunity, however, to defend yourself from the charges.

How can I use my medical condition as a way to defend myself from a DUI charge?

GERD is a common condition across the population, and you may be suffering from the disease even if you have not been formally diagnosed. The condition can mean that alcohol in the stomach can possibly leak into the breath, causing a heightened measurement of BAC using the breath as an indicator from what is accurate. There have been some disputes as to what extent GERD can affect the accuracy of Breathalyzer tests; however, it is possible to include your medical condition as part of your defense.

If you want to defend yourself against a DUI in Michigan, it is important that you take the time to understand the law. By doing so, you will be able to look at the possible defense options applicable to your situation.

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Lucido & Manzella, P.C.
39999 Garfield Road
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Clinton Township, MI 48038

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