Acid Reflux Can Cause Breathalyzer Tests To Register False Results
Anytime a motorist is pulled over on suspicion of drunk driving, they will likely be asked to submit to several field sobriety tests, including a breathalyzer which measures the blood alcohol content a person has in their system. In the state of Michigan, if the blood alcohol content registers over 0.08, a motorist is considered to be intoxicated, and will be arrested for driving under the influence. The number registered by the breathalyzer tests is almost always used in court against the driver, as sufficient evidence that the person was drunk.
Ask any experienced drunk driving lawyer in Michigan–there are many factors that can cause the breathalyzer test to register false or inaccurate results. Not only can the breath machines malfunction, but certain medical conditions, such as acid reflux, can cause inaccurate readings.
According to Michigan DUI experts, if a person suffers from GERD (gastroesophageal reflux disease) you could be subject to far more aggravation then poor breath and terrible heartburn. Regurgitation from the reflux can send the contents from one's stomach to their mouth. Therefore, if a person with acid reflux had one drink, their mouth could literally become contaminated with alcohol. When police test blood alcohol levels, the instrument chamber (meant to measure alcohol coming from the deep lung region) can become contaminated with mouth alcohol registering a much higher result than is actually true. In such a case, an innocent person would be pinned with Michigan DUI charges.
In a recent case, the accused drunk driver registered a 0.11-0.12 on the Datamaster. However, the video of the test showed that the officer stepped away from the suspect and left the room. While she was not paying attention, the person in question put his hand to his chest and over his mouth to block the smell and sound of regurgitation. According to rules governing the administering breathalyzer tests, an officer is required to watch the suspect for a complete 15 minute period to ensure that regurgitation does not occur. Fortunately, because the law enforcement official failed to do so, the accused drunk driver was found not guilty.
As seen by the incident described above, there are numerous factors that can cause a breath test to register inaccurate results. Something as simple as acid reflux can produce false data that the prosecution would hold against you in court, possibly convicting an innocent person of drunk driving. If you've found yourself in such a situation, it is essential to be pro-active in seeking the best legal defense for your case. By contacting hard-working DUI defense attorneys in Michigan, you will receive superior legal advice and legal representation, designed to protect your driving privileges, wallet, and freedom.
Questions and Answers
Article Tags:
dwi defense lawyer
,dwi defense lawyers
,michigan dui attorney
,best dui lawyer
,dwi defense attorneys
,dui defense attorneys
,dui defense law
Efforts to increase prosecution of drunk drivers has led to some incredible actions by lawmakers, prosecutors and police. A recent example of this—one that has been getting the attention of every DWI defense lawyer—is the arrest of two men who in the state of Texas on DUI.
Lewis & Dickstein, Michigan's Premier Criminal Defense Law Firm, is dedicated to the passionate, fearless and caring defense of those charged in Michigan with criminal offenses. When other criminal lawyers need help with their cases, they go to Loren Dickstein and Randy Lewis for help. Lewis & Dickstein, PLLC offers free consultations, emergency 24/7 appointments, and a team approach to defending cases that is not offered at any other firm. They are not afraid to win!
It is difficult to turn on the television or surf the web without seeing drunk driving cases from around the country highlighted in the news. Although drunk driving laws by state tend to vary, these crimes are largely referred to as DUI, an acronym standing for "driving under the influence."
One does not have to be a Michigan DUI attorney to know that being caught driving under the influence of alcohol is a very big deal. Not only can one lose their driving privileges if convicted, jail time and large fines are also common. In recent months, Michigan lawmakers have enacted even stricter penalties for drunk drivers with high blood alcohol contents (BAC). Known as the "Super Drunk" law, this law applies to those who are caught driving in Michigan with a blood alcohol content of .17 ..
An arrest for driving while under the influence of alcohol or drugs in the state of Michigan is a big deal. Experienced Michigan drunk driving attorneys see it often–conviction of operating while intoxicated will not only affect a person's driving privileges, but also their livelihood and beloved freedoms.
As a Michigan DUI attorney, clients accused of drunk driving charges are represented on a daily basis. Each of these defendants face great consequences if convicted, including excessive fines and possible incarceration. Even though these cases are commonly seen in DUI law firms, a recently published article USA Today presented drunk driving statistics that would alarm even the best DUI lawyer.
In many cases, especially when the crime is publicly scorned (i.e. DUI, domestic violence, animal cruelty, sex offenses) yet a bona-fide defense exists, one should consider waiving a jury trial. The case is then tried to only the judge. This can make it easier to focus the case on evidence and argument that matters most toward a not guilty verdict, rather than spending a lot of time and effort persuading twelve jurors to put aside their biases.
When someone moves into an assisted living center, that person is likely not doing so with much in the way of excitement or happiness.
The Criminal lawyers Ottawa have special skills to fight out both simple and complicated cases and help you the best legal justice ever.
A professional criminal attorney in Los Angeles can surely get your name off the list of criminals in the city if you really are innocent. It does not actually matter if you go for a professional Los Angeles criminal attorney that charges lower or higher compared to others.
Our office receives numerous inquiries about withdrawing a plea based on a variety of grounds. The underlying reason is that the potential client believes that the terms of the plea are unfair. Sometimes the potential client believes his or her prior counsel provided ineffective assistance because little or no investigation was performed of various defenses or there was a proper basis for an arrest.
Often times, motorists are caught for driving while intoxicated after they cause an accident. These instances are particularly disappointing, as not only is the at-fault driver subject to legal consequences, there is a great chance that those in the car will sustained personal injury or die as a result.
Being arrested for driving while intoxicated can land anyone in hot water. However, the charges against the person instantly increase if the suspect provides false information to police officers during a traffic stop–a practice that experienced Michigan criminal defense lawyers would highly advise against. A recent case of a woman is a perfect example of this; after continuing to drive after officers tried to pull her over, she falsely claimed to be pregnant to escape arrest. On April 23rd, Mel
If any person gets behind the wheel while intoxicated and crashes, causing injury to others, that individual will almost certainly be accused of criminal charges. Generally, this has included drivers that are under the influence of alcohol, as well as drugs, including marijuana. However, experienced Michigan criminal defense lawyers have seen this fine line become quite blurred over recent years, particularly with the implementation of statewide medical marijuana laws.
An arrest for driving while under the influence of alcohol or drugs in the state of Michigan is a big deal. Experienced Michigan drunk driving attorneys see it often–conviction of operating while intoxicated will not only affect a person's driving privileges, but also their livelihood and beloved freedoms.
Being pulled over for a routine traffic stop is never an enjoyable experience for motorists, particularly for those suspected of driving under the influence of alcohol or drugs. Even if a person performs well on sobriety tests and has a blood alcohol content registering under 0.08 (the legal limit in Michigan), it is possible to be arrested on drunk driving charges, if the officer has reasonable cause to believe the driver is intoxicated.
Discuss this Article
