MA Driver stopped by NH police for speeding violation but no other erratic operation. Driver admits to consuming two (2) craft beers with his friends. Police make arrest following standard field sobriety tests and driver’s breath test result is a .09. Defense conducts extensive discovery on breath test device and officer training. Issue with test is the subjects documented Gastro Esophogeal Reflux Disease (GERD). A hiccup or burp can invalidate a breath test. Defense position is that GERD is a constant burp state with stomach vapors carrying alcohol constantly present in airway, even without burp or regurgitation. DWI charge dismissed before trial. Avoids drunk driving conviction with lifetime effect in Massachusetts under Melanie’s Law.