Breathalyzer evidence in drunk driving cases is far from infallible. A number of stories concerning irregularities in readings, machine maintenance and calibration, the training of police officers and other related factors have surfaced in states across the country to confirm that.

A case reported recently in North Carolina points to one of many reasons why a breath test result might be flawed: an acid reflux problem.

That might sound a bit far-fetched and funny to some people, but it is actually far from trivial or an enterprising gamut without merit or support that is simply tried by some persons seeking to overcome DWI/DUI charges

In fact, it is real, and has proven persuasive to a number of judges and juries in many states.

Medical experts in the field state that gastroesophageal reflux disease (GERD) can produce a false blood-alcohol level and lead to a wrong conclusion in a drunk driving case.

What can happen, they say, is that partly digested stomach acids from eaten food -- which contain naturally occurring body-produced alcohol -- can be regurgitated from the stomach back into the throat and mouth. Many millions of people cite experience with this, and have sought treatment for heartburn and acid reflux.

A breath test administered to a person with GERD can be flawed for its measurement of both deep lung air and mouth alcohol related to GERD symptoms. The result: a falsely high reading.

In short, a person arrested on a drunk driving charge might not have been drinking at all.

Contact a proven St. Louis criminal defense attorney with any questions or concerns relating to a DWI/DUI charge.

Source: News Observer, "Apex council member fights DWI" Anne Blythe, Feb. 4, 2012