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.147% DUI (Acid Reflux Defense).

April 28, 2009

My client was clocked speeding 86 mph in a 65 mph speed zone.  When stopped, the officer alleged she had an obvious odor of alcohol and poor performance on the field tasks.  After being arrested for dui, she agreed to submit to a breath test and registered a .147%. 

My client suffered from documented acid reflux which can distort the results of a breath test.  After discussing this issue with the DA and showing them medical records, a plea to reckless driving was entered.  Case no. 09-023.  The is actually an issue that most lawyers will not pick up because they simply do not have the knowledge.  My client greatly benefited from hiring an experienced dui attorney.