MA Driver Stopped by NH police for speeding but no other erratic operation. Driver admitted to consuming one (1) beer and had a strong odor of alcohol on his breath. After administering Standard Field Sobriety Tests and determining that the driver failed the tests, the officers arrested the driver for Driving While Intoxicated. Suspect submitted to a breath rest, resulting in a 0.13 BAC. Issue with test is the subject’s documented Gastro Esophageal 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.