This is one of the usual defense strategies used as when you are suffering from GERD or also known as Gastroesophageal Reflux Disease or commonly known as heartburn, the DUI breath machine may not be able to get accurate reading. GERD can happen to anyone even those who just consumed a huge or spicy meal. They may experience heartburn or acid reflux.
Failure on the Part of the Officers to Read You Your Miranda Rights
Even if there is probable cause for DUI, as an accused you still have certain rights. Police officers should read to you your Miranda Rights when you are in custody or when they are asking specific questions that might be self-incriminating.
Other strategies include: Lack of probable cause, signs of drunk driving are attributed to over fatigue, error in the breath analyzer device, etc.
When you have to undergo these tests, follow the directions of the officer. Keep in mind that your performance in SFST can be grounds for the officer to have probable cause in pressing for a DUI case against you. These tests are specifically designed and created to help officers look for impairment cues. If the officer finds many cues while you’re undergoing the tests, you will have to face DUI charges and prove yourself in court.