The Body-Induced Intoxication DUI Defense
Imagine driving home after having a nice dinner at a restaurant. You had a glass of wine, but nothing that impacts your ability to drive. So imagine your surprise when you are pulled over and a Breathalyzer test shows that you four times over the legal blood-alcohol limit for driving. This may sound like an urban legend told to scare you in regards to drinking and driving, but it was reality for a woman recently.
Smartly, the woman’s lawyer believed her results were suspicious, especially because she did not exhibit any signs of impairment.1 After a lengthy legal battle, her DUI case helped her discover a little-known medical condition, and perhaps a rare defense to DUI charges.
Auto-Brewery Syndrome
“Auto-brewery syndrome” describes a real condition where the body (specifically, abnormal amounts of gastrointestinal yeast in the small bowel) converts carbohydrate-rich foods into ethanol.2 In other words, it is when your stomach acts like a natural brewery.
The syndrome has been documented and studied as far back as the 1970s, including one recent case where a 61-year-old Texas man was found to have a common type of beer-brewing yeast in his intestinal tract, causing periodic bouts of intoxication.3
Up until now, though, the syndrome had never been addressed by a court of law. Does the naturally occurring intoxication constitute a sort of quasi-voluntary drunkenness that a person could be held criminally liable for? Or is it a non-voluntary, non-culpable act that can be excused? The judge presiding over the case believed it to be the latter.
The State vs. The Stomach
After doing some initial research, attorney Joseph Marusak decided to take things a little further. He hired a team of physicians and experts trained in the use of Breathalyzers to track his client’s blood-alcohol levels over a 12-hour period. They had the tests run by the same lab that the prosecutor in the case used, and presented the evidence to the court.
After seeing the results—a serious of elevating blood-alcohol levels finally culminating in a BAC of over .40% (which would normally cause the inducement of a coma, and death)—the judge decided to dismiss the charges.
So what does this mean for you? If you are charged with DUI, this could be a valid defense for your lawyer to explore. Many people who have auto-brewery syndrome are unaware of their condition until after producing unusually high Breathalyzer test results. Your DUI lawyer will explore all possible defenses to help you obtain a favorable outcome in your case.
Call the DUI Defense Attorneys at Wallin & Klarich Today
If you are accused of driving under the influence of alcohol or drugs, you need an attorney who can provide you with the best defense possible. At Wallin & Klarich, our attorneys will leave no stone unturned as we fight to obtain the best result possible in your case. We’ve been successfully defending clients in DUI cases for over 40 years. Let us help you now.
With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, an experienced Wallin & Klarich attorney can help you no matter your location.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.
1. http://www.cnn.com/2015/12/31/health/auto-brewery-syndrome-dui-womans-body-brews-own-alcohol/href=”#ref1″>↩
2. Id. href=”#ref2″>↩
3. http://www.npr.org/sections/thesalt/2013/09/17/223345977/auto-brewery-syndrome-apparently-you-can-make-beer-in-your-gut href=”#ref3″>↩
