Understanding False Positives and Defending Against DUI Charges with Medical Evidence

As a Florida DUI defense lawyer, I’ve seen many cases where a medical condition led to an unfair DUI arrest. Gastroesophageal reflux disease (GERD) is one of the most common medical conditions that can produce false positives on breathalyzer tests. If you or a loved one suffers from GERD or a similar medical issue and have been accused of driving under the influence, it’s important to understand how these conditions can impact the accuracy of a breath test. Florida’s DUI laws are strict, but with the right defense strategy, we can address these inaccuracies to protect your rights.

How Breathalyzer Tests Work

To understand how GERD and other medical conditions affect breathalyzer results, we first need to examine how breath tests function. Breathalyzers measure the concentration of alcohol vapor in your breath to estimate your blood alcohol concentration (BAC). The assumption is that the air from your lungs, specifically from the alveolar sacs, accurately reflects your BAC.

The problem is that certain medical conditions can interfere with this process. Breathalyzers are not perfect, and they cannot differentiate between alcohol in your bloodstream and alcohol in your mouth or esophagus. This distinction is critical because false positives can occur when alcohol vapor from the upper gastrointestinal tract contaminates the breath sample.

Understanding GERD and Its Role in False Breath Test Results

Gastroesophageal reflux disease, or GERD, is a chronic condition where stomach acid frequently flows back into the esophagus. This acid reflux can bring alcohol or other substances from the stomach into the mouth and throat.

If you’ve consumed alcohol, even in small amounts, GERD can cause residual alcohol vapors to remain in your esophagus or oral cavity. When you blow into a breathalyzer, it can mistakenly measure this mouth alcohol instead of air from deep in your lungs. This leads to artificially high BAC readings, even if you were not impaired.

For individuals with GERD:

  • Alcohol vapors can linger in the esophagus.
  • Frequent acid reflux episodes can increase the likelihood of a contaminated breath sample.
  • Standard breathalyzers cannot tell the difference between mouth alcohol and alveolar air.

Other Medical Conditions That Affect Breathalyzer Results

While GERD is a significant contributor to false positives, it is not the only medical condition that can interfere with breath test accuracy. Here are some other conditions that may impact results:

Diabetes and Ketosis

People with diabetes, especially those experiencing ketoacidosis, produce ketones that break down into isopropyl alcohol. Breathalyzers may pick up this alcohol and misinterpret it as ethanol, leading to false BAC readings.

Hypoglycemia

Low blood sugar can produce symptoms that mimic intoxication, such as dizziness, confusion, and slurred speech. Coupled with breath test inaccuracies, this can result in a wrongful DUI arrest.

Asthma and Inhalers

Asthma medications, particularly those delivered through inhalers, often contain alcohol-based propellants. These can linger in the mouth and skew breathalyzer results.

Digestive Disorders

Other digestive disorders, like hiatal hernias or chronic indigestion, can also cause alcohol or gases to remain in the esophagus, leading to false positives.

Legal Ramifications Under Florida Law

Florida’s DUI laws are outlined in Florida Statutes § 316.193. According to the statute, a BAC of 0.08% or higherconstitutes impairment. If a breath test indicates you’re over the legal limit, you can face severe penalties, including:

  • License suspension.
  • Fines.
  • Jail time.
  • Probation.

However, if you suffer from GERD or any medical condition that could interfere with breathalyzer results, this information becomes central to your defense. Florida law allows defendants to challenge the accuracy of breath test evidence, especially when there’s a legitimate medical explanation for an inflated BAC reading.

Defending Against False Positive Breath Test Results

If you have a medical condition like GERD and were accused of DUI based on a breathalyzer result, several defense strategies can come into play. These defenses focus on questioning the reliability of the breath test and presenting medical evidence to explain the false positive.

1. Proving GERD or Other Medical Conditions

To build a strong defense, we will collect medical records, doctor statements, and testimony to establish that you suffer from GERD or a related condition. This evidence demonstrates that your condition likely caused the breathalyzer to produce inaccurate results.

2. Challenging the Breathalyzer’s Accuracy

Breathalyzers require regular maintenance and calibration to ensure accurate readings. Under Florida law, breathalyzer devices must meet specific standards. If the machine used in your case was improperly maintained or calibrated, the results can be challenged.

3. Highlighting Mouth Alcohol Contamination

Breath tests are designed to measure deep lung air, not alcohol vapor in the mouth or esophagus. We can argue that your GERD caused alcohol to linger in your mouth, leading to a false positive. In some cases, this defense is supported by breath test records showing unusually high or inconsistent results.

4. Questioning the Officer’s Observations

DUI arrests often rely on an officer’s subjective observations, such as slurred speech, unsteady gait, or the smell of alcohol. However, GERD and other medical conditions can mimic these symptoms, leading officers to wrongfully assume intoxication.

5. Requesting Independent Testing

If you were not given a chance to request an independent blood or urine test, this can weaken the prosecution’s case. Blood tests are far more reliable than breath tests in determining BAC, especially when medical conditions are involved.

Why Medical Evidence is Critical in DUI Cases

Medical evidence plays a vital role in defending against DUI charges based on false breath test results. If you suffer from GERD, diabetes, or another condition, we will work closely with medical professionals to explain how your condition impacted the breathalyzer reading. Expert testimony and medical documentation can cast reasonable doubt on the prosecution’s evidence, which is often enough to achieve a favorable outcome.

Florida Courts and Precedent on Breathalyzer Challenges

Florida courts have recognized the limitations of breathalyzer tests and have allowed challenges based on medical conditions. Under Florida Statutes § 316.1932, defendants have the right to question the accuracy of chemical tests, including breath tests.

In previous cases, courts have ruled that factors such as mouth alcohol, improper procedures, and medical conditions can undermine the reliability of BAC readings. This precedent strengthens our ability to present a compelling defense on your behalf.

Protect Your Rights If You Suffer From GERD

If you were arrested for DUI in Florida and believe a medical condition like GERD caused a false breath test result, it’s critical to act quickly. Time is a factor in DUI cases, especially when it comes to challenging evidence and requesting independent testing.

GERD DUI FAQs

How does GERD cause false breathalyzer results?
GERD causes stomach acid, and sometimes alcohol, to flow back into the esophagus and mouth. When you blow into a breathalyzer, this “mouth alcohol” can mix with the air from your lungs, leading to a falsely elevated BAC reading.

Can I fight a DUI charge if I have GERD?
Yes. If you suffer from GERD or another medical condition, we can present medical evidence to challenge the accuracy of the breathalyzer test. This includes using doctor statements, medical records, and expert testimony to explain how your condition affected the results.

What other medical conditions can interfere with breath test results?
Conditions like diabetes, asthma, and chronic digestive disorders can also cause false positives. For example, diabetics experiencing ketoacidosis produce ketones that can interfere with breathalyzer readings. Asthma inhalers may leave alcohol residue in the mouth, leading to inaccuracies.

Are breath tests always reliable in Florida DUI cases?
No. While breath tests are commonly used, they are not foolproof. Factors like improper calibration, maintenance issues, and medical conditions can lead to inaccurate results. That’s why it’s important to thoroughly challenge the evidence in a DUI case.

What happens if I’m convicted of DUI based on a false positive?
A DUI conviction can result in fines, license suspension, and even jail time. However, if you have a medical condition that caused a false positive, we can work to prove this in court and seek to have the charges reduced or dismissed.

Can I request a blood test instead of a breath test if I have GERD?
In Florida, law enforcement typically uses breath tests during DUI stops. However, you have the right to request an independent blood test if you believe the breathalyzer result is inaccurate. Blood tests are generally more reliable and can help confirm your true BAC.

How can a DUI lawyer help me if I have GERD?
A DUI lawyer can gather medical evidence, consult with experts, and challenge the accuracy of the breathalyzer test. By building a strong defense, we can work to reduce or dismiss the charges against you.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.