Orlando GERD DUI Defense Lawyer

dui in orlando floridaThe Intoxilyzer 8000. Have you heard of it? If you’ve ever taken a roadside breath test in Florida, it’s likely you’ve blown into one. This breath test instrument is the most commonly used evidential machine in Florida to record, calculate, and measure alcohol levels inDUI suspects. It does not measure one’s blood alcohol concentration (BAC) as many assume it would (that can only be determined via a blood sample). Instead, the instrument is intended to measure the alcohol content in deep lung air. 

Aside from numerous studies finding that breath tests, in general, are inefficient at determining intoxication levels, the Intoxilyzer devices are also prone to recording more than just deep lung air. This ultimately results in people with conditions like GERD and acid reflux syndrome being falsely arrested for DUIs.

If you or someone you know is facing criminal charges following a DUI arrest, speak with a seasoned DUI defense lawyer who can make you aware of your legal options. Our team of Orlando GERD DUI defense lawyers at The Umansky Law Firm is dedicated to achieving the best possible results for your case. We can set up medical evaluations and provide test results to the courts confirming your condition to help clear your name of all charges. Reach out to us to get started on building your defense today.

What is GERD?

Gastroesophageal Reflux Disease, better known as GERD, is a digestive disorder where the body’s stomach gasses and vapors back through one’s throat and out their mouth. Someone living with GERD can also have raw alcohol regurgitated back into one’s mouth. Individuals, including pregnant women, who suffer from acid indigestion or heartburn often have GERD to blame. 

This medical condition is not only extremely discomforting, requiring the ingestion of antacids to subdue the symptoms, it also can result in inaccurate breath test results which can have grave consequences.

How GERD Can Affect Breathalyzer Test Results

Individuals with GERD will provide breath samples that not only consist of deep lung air, as breath test machines are intended to exclusively collect, but also include mouth alcohol and alcohol saturated esophageal air. The presence of esophageal air containing high levels of alcohol is commonly amplified by stressful situations. This can include anything from eating spicy foods to getting pulled over as a DUI suspect.

Due to these factors and the inherent malfunctions of the Intoxilyzer 8000, breath test results from someone who has GERD are worthless. With various factors at play, it’s seemingly impossible for law enforcement to exclusively record an accurate reading of alcohol levels of one’s deep lung air. 

Studies show that the breath test results for individuals diagnosed with GERD are commonly 20% to 80% too high. This can easily result in an otherwise sober person being arrested for a DUI and those who may have been just over the legal limit of 0.08% recording a result of over 0.15%, which carries hefty criminal penalties.

Legal Help from a Seasoned DUI Defense Lawyer

The Orlando GERD DUI defense lawyers at The Umansky Law Firm are here to ensure that a faulty breath test instrument does not land you in a world of trouble. We boast more than 100 years of experience and a cast of diversely talented attorneys who have spent time as former prosecutors on the state and local level. 

Bradford Fisher served as the DUI specialist for the State Attorney’s Office and now uses his expertise in this area to protect DUI suspects from criminal prosecution. Contact us today at 407-228-3838 for a free case evaluation