Alcohol & Drugs: DUI, DWI DUI by minor, acid relflux caused?

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ok, i am 17..

i was at a college town at a party, and i had half a beer around 7 oclock. i stopped because my acid reflux was really bad, and i did not have my medicine.

i was previously diagnosed by a doctor as having acid reflux, and it runs in my family. i continued to have it all night.

so i left the party around 10 30, to head home, and me and my friend got pulled over, with a bull crap excuse that we were speeding, but we know they jsut saw 2 guys leaving a party so they pulled us over.

ok, so i did the field sobriety tests easy, no slurring of my words, and my eyes werent red, and i did not smell of alcohol.
i blew a .038.

i wear a retainer, which i put in after the beer, and i had bad acid reflux because i did not have my medicine with me.
i was not impaired, and i jsut want to drop the dui charge.
i did have some beer so i understand i get a mic, but do you think the acid reflux could have caused such high readings? i did not take a blood test either..

Yes! Acid reflux will affect your BAC. It's kind of like burping into the breathalyzer. Did you tell this to the officer?

Few people know that acid reflux will affect you breath test.
A .038 is NOT a high BAC reading. As a minor any BAC might violate the law (depending on whether your state has a .02 or .01 tolerance). While acid reflux MIGHT effect an older handheld machine, it's not a guarantee. So, if your state has a .01 tolerance, you might be in deep kimshee.

What state are you in, and what specific statutes are you charged with violating?

- Carl
Not likely to a level of .03+ it won't.

- Carl
Acid reflux won't give someone a .03 from a zero. It can't draw blood from a stone. You can argue the level was below .02 and then gave a .03 due to acid reflux, however.
But unless the state has a .02 zero tolerance, that would be moot.

- Carl
The officer should have asked about it. The officer is in no position to forcibly remove it, and if the defendant denied having anything in their mouth, well ... that's their bad. But, again, it's not likely to do more than trap mouth alcohol which is generally not going to be a factor in a device utilizing deep lung air. The newer machines will reject a blow that indicates mouth alcohol.

- Carl
Well, young one - your question got me to exploring and I found more information than I ever knew about how to flunk a breathalizer.
Meanwhile, stop drinking before your 24! yes, 24! Your brain is not fully developed before age 24 and if you really want to make it in college, dont major in alcohol or other substances. Its great to have fun but do it when you are older and you can look back on all your "friends" who arent making it for not waiting. Be a geek or a nerd and successful and then have your cocktails. (Im being motherly respectful here).

And if you dont get away with your DUI, youre 17, have your juvenile record sealed the day you are 18. Many forget to do this and then it follows you.
Two things to note ... (1) That website plays on some common misperceptions and myths by exaggerating their importance or relevance (including at least one of the studies cited there), and, (2) sealing a juvenile record does not mean it disappears, only that for MOST things (such as to a private employer) it need not be revealed.

Of course, it can remain on the DMV history for 36 months or longer depending on the violation. Sealing the criminal record does not generally effect the DMV history.

- Carl
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