Section 78 Gastroesophageal Reflux Disease or Acid Reflux

• Library: DWI Experts and the Science of Chemical Tests 2014

The “good” GERD case consists of the following:

1. The GERD has been diagnosed by a medical professional.

2. A confirmatory GERD test has been done (24 pH, endoscopy, 48 Bravo, etc., in conjunction with an endoscopy).

3. Triggers are present on the day of the breath test (alcohol, spicy food, smoking, etc.—usually the easiest to show).

4. On the day of the breath test, alcohol is available in the subject’s stomach to reflux, so drinking needs to be within 6 hours or less.

Missouri has no safeguards or countermeasures in place in the breath testing protocol to help rule out a GERD defense.

An article that supports the prosecution position is Stergios Kechagias et al., Reliability of Breath-Alcohol Analysis in Individuals With Gastroesophageal Reflux Disease, 44 J. FORENSIC SCI. 814 (1999). This article says it is very unlikely that GERD can...