Many Americans suffer from acid reflux disease, or gastroesophageal reflux disease, but could this be a good defense for a DUI arrest? A North Carolina man is going to give this defense his best shot.

Last February, the man, 24, was charged with DUI when a state Highway Patrol officer pulled him over after the officer reported that the man lost control of his car on an exit ramp, ran into a ditch, backed out and then continued down the freeway. The officer cited the man for failure to maintain lane control.

The defendant agreed to take a Breathalyzer test and his blood-alcohol content was 0.11, just slightly over the 0.08, which makes it illegal to drive in North Carolina.

The man was sentenced to 30 days in jail, but the sentence was suspended for 12 months of unsupervised probation, a $100 fine and 24 hours of community service. The defendant is going to appeal this verdict based on his acid reflux disease, which he feels may have skewed the Breathalyzer test he took. Although this is rare to fight the charge based on having GERD, it has been successfully fought in other DUI cases across the country.

How does having GERD affect a Breathalyzer test? The disease can cause you to regurgitate undigested acids containing alcohol from the stomach back into the mouth or throat. A Breathalyzer test measures the amount of alcohol in your deep lung tissue, which correlates to the amount of alcohol you have in your bloodstream. The argument is that when a person with GERD takes a Breathalyzer test, they could have stomach acid in their mouth or throat, and the Breathalyzer could measure mouth alcohol instead of the more reliable deep lung air. This could result in an inaccurate or false reading, according to some medical experts.

If you find yourself facing a drunk driving charge, you need to speak with a criminal defense attorney who knows how to defend you against fines, jail time and a permanent record. Every situation is unique and an attorney can help you figure out the best options for your case.

This case will be going before a judge in March.

Source: Newobserver.com, "Apex council member fights DWI," Anne Blythe, Feb. 4, 2012