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
Most of those of us who drive a motor vehicle on a regular basis have been, at some point in our lives, in the unfortunate position of being the recipient of a traffic ticket.