It is a scary situation. You have been arrested and charged with DWI. As part of the process you had to blow into the breathalyzer machine to analyze your BAC. The BAC reading reveals that you are above the legal limit and you may feel there is nothing you can do. Simply because you have a read out that is higher than the legal limit does not mean you will be found guilty.
This is absolutely true as the actual machine that took your BAC may not be accurately reading your BAC. As with any machinery, it certainly does not come without its own faults. Specifically on deense is known as the GERD defense to a DWI.
GERD or Gastroesphageal Reflux Disease can cause the breathalyzer test to show a highly elevated BAC. For example you may truly only have a .02 BAC but if you have GERD and blow it may show a reading of .12 BAC. The reason for this is that GERD causes alcoholic gases to flow from your stomach to your mouth. The breathalyzer test takes a sample of your breath to determine alcohol levels in your system, so if you have GERD it will also read in the alcoholic gases from your stomach. Even if you have had a drink the combination of what you actually consumed in alcohol and the alcoholic gases from your stomach may cause the machine to register a highly elevated BAC.
Many people do not realize they have GERD and often believe it just to be heartburn or another minor ailment. If you have been charged with a DWI and believe this may apply to you it is imperative to contact an attorney who can explore this option for you. It may be possible to have your case completely dismissed and keep a DWI from ever appearing on your record.
If you are charged with a DWI contact an attorney who can best handle your case and your interests. Our attorneys have experience handling DWI cases in NC and will work tirelessly to defend your case. Contact one of our attorneys directly by calling 704-499-9000 or toll free 877-374-5999 You will be glad you did.