There are a wide variety of potential defenses against DUI charges, ranging from defective breathalyzers to an excessive amount of mouthwash. One woman in New York, however, has seen her charges dismissed after a unique defense – her body brews its own alcohol.
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A Strange DUI Arrest
The suspected drunk driver was pulled over on October 11, 2014, and was arrested for DUI after a Breathalyzer test revealed a BAC of .33%, well over the .08% legal limit. This extreme level of intoxication led her defense attorney to do more investigating, and he arranged for nurses to monitor the woman for a full day. Regular testing revealed a blood alcohol content of roughly .20% every single time, despite the fact that she did not drink any alcohol.
A Rare Medical Condition
Subsequent medical tests revealed a rare condition called "auto-brewery" or "gut fermentation" syndrome. Yeast in the woman's intestines caused high-carbohydrate foods to ferment into alcohol. While rare, the condition has been medically documented as early as the 1970s in Japan. While this case involved one of the first successful defenses of this type, auto-brewery defenses are currently being used in at least two other DUI cases in the U.S.
Secure Tough Defense Against DUI Charges
It is important to remember that the DUI defense attorney played an integral role in getting the woman's charges dismissed. In this case, the charges were dismissed in large part because the woman did not know about her condition – in the future, she must be cautious to take reasonable care to avoid similar situations. However, her lawyer was able to thoroughly investigate the case, recognize that things didn't add up, and was able to successfully defend his client in court.
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