Medical Problems and Unreliable Breath Tests We all know that breath testing is fraught with problems. However, the state refuses to acknowledge they exists, and definitely not for your client. That is where the Virtual Library comes into play. There are numerous articles about the medical problems leading to unreliable breath tests.

In the British Medical Journal, Volume 289, September 29, 1984, p. 832, found here:

Medial Problems with Breath Testing

in a reported case study, titled, “Medical problems with breath testing of drunk drivers”, the author reports about a patient who had an undiagnosed medical condition. The author states that “18% of drunk drivers have consulted their general practitioner about gastritis or dyspeptic symptoms in the fiver years before arrest. The problem of regurgitated stomach contents producing mouth alcohol and interfering with breath testings results may much larger than is generally recognized.” The presence of stomach alcohol is true, and is a bigger problem then acknowledged.

So when they say it doesn’t happen, find some of these articles and send them to the state’s “expert” and point out the real experts know it’s a problem.

The NCDD Blog is for our members to comment on matters of general interest in the field of DUI Defense and to ask general questions concerning the topics posted.   NCDD does not monitor or control answers from the various lawyers (many of whom are regarded as among the best in the country) who may respond and the answers or comments they provide are solely their own.  Responses to questions and comments are not legal advice: they are only the opinions of the lawyer providing the answer or making the comment. No attorney client relationship is formed between the person who posts a question or comment and any attorney who posts an answer or comment. The NCDD Blog is not for the purpose of soliciting legal advice for any specific case and should not be relied upon for that purpose. No lawyer can provide advice for a specific case without far more information than can be included in a blog post.   Furthermore, the NCDD Blog is not to be used in any form, for any marketing, advertising or solicitation by any author.  If you need legal assistance or advice, consult a lawyer in your state. You can find NCDD member lawyers in your State listed under “Find an Attorney” in the menu to the left or at the top of the page. No opinion expressed by an attorney or other person on the NCDD Blog represents the opinion or views of the NCDD.