Breath, Blood & Urine Testing

Can burping or acid reflux affect a breath test?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
They can raise a genuine mouth alcohol question, but they don't automatically invalidate a reading.

Both bring stomach contents into the mouth, and alcohol in the mouth can push a reading above what's actually in the blood. That's the entire reason the observation period exists.

What that means practically is narrower than most people hope. A documented reflux condition doesn't invalidate a test on its own. It becomes meaningful when it lines up with something else in the record — an observation period that was short or interrupted, a visible or audible event on the booking video, a gap between the two breath samples, or an officer who never asked about medical conditions.

The analysis is a comparison, not a single fact. Medical history, the observation period video, the instrument's own data, and where necessary expert testimony, all read against each other.

If you have a diagnosed reflux condition, get the records. A prescription predating the arrest carries weight that a description after the fact does not.

Bring the medical records — they're worth more than the explanation. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.