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By Kenneth S. Feraru, Esq. Question: After being pulled over for suspicion of driving while under the influence the officer’s observed me for a brief period of time.  I was given a bottle of water and thereafter almost threw up.  Actually, I threw up a little.  The officer insisted I blow into the breathalyzer, and after allowing it to proceed the reading came up to .18.  I have been suffering from GERD and heartburn my whole life. I understand that the prosecutor can use the slope to dismiss my defense. Do I have a chance? Answer: Yes, vomiting, GERD and other occurrences will affect the breath test