GERD & Acid Reflux as a defense in a DUI breath case


-Let me ask you this. I mean, in terms of
litigation strategy– so let’s say, you get a client in one
of these classic situations. Maybe she takes a breath
test, registers 0.16. In reality, she only
had one cocktail. You know something is wrong. There’s a total disconnect
between the drinking pattern and the symptoms of intoxication
versus what the machine says. What can you do in
court, to try to win that case for that person? -There’s two different
types of experts you have to work
with in a GERD case. One is an actual doctor. And they deal with ears,
eyes, throat, stomach issues. -So you would call these
people as expert witnesses at trial or at the DMV
hearing, to basically show one, that the client has
GERD, and two, that probably is responsible for a
falsely-high reading in the particular case. -Yes. That’s how you do it. That’s how you do it. And have you had success in that
regard at the DMV and in court, in getting DUI cases
reduced or dismissed? -I’ve actually had about both. In fact, I don’t know how
many attorneys have actually won a DMV hearing on this
issue, because a lot of hearing officers, at the
DMV aren’t going to understand the science of it. This high-level,
educational biology. And a lot of times, they
don’t understand it. But I’ve actually
won a DMV hearing, based solely on a GERD issue. -In order to save
someone’s driver’s license. -That’s exactly what I did. I won’t say too much
about him, but he needed that license very bad. And we did win his DMV hearing. And his BAC level in
that case was 0.14. -So the take-home
message for our viewers would be that, if you
got arrested for DUI. And there was a
very high reading that you know just
couldn’t be right. And you do suffer from
acid reflux or GERD. Then, really go and see
an attorney like yourself, who can assess the
situation and sort of use it to your advantage and
hopefully vindicate you. So you don’t get
wrongfully convicted. -Exactly like you said, when
there’s this disconnect– if you’re looking at your case
and there’s this disconnect, yes, you need to
go talk to somebody who specializes in
bot DUI and somebody who knows how to put
on a GERD defense.

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