There may not be many defenses to a DUI charge. A lawyer can let you know the best course of action for your case. However, for some, their bodies may provide an effective DUI defense.
A New York woman was arrested with a blood-alcohol level more than 4 times the legal limit. However, a medical diagnosis states that the woman has an unusual condition. The condition, called “auto brewery syndrome” causes her digestive tract to convert ordinary foods into alcohol.
The town judge in the Buffalo suburb of Hamburg dismissed the charges against the woman after her lawyer presented research showing that the high levels of yeast in her intestines fermented high-carbohydrate foods into alcohol.
The condition is rare and was first documented in Japan in the 1970s. While it may seem like this could become a “get out of jail free card,” it is important to note that judges are suspicious and documentation of the syndrome must be present.
In the United States, the first case was documented in 2013, where a 61-year old man who experienced drunken symptoms even after not drinking agreed to be a part in a case study. The study was conducted by Barbara Cordell. The attorney of the woman charged with DUI contacted Cordell when his client insisted she had not had more than three drinks in the six hours prior to being pulled over for erratic driving.
Cordell referred the lawyer and his client to Dr. Anup Kanodia of Columbus, Ohio. The doctor eventually diagnosed the accused woman as having auto brewery syndrome. She was prescribed a low-carbohydrate diet as treatment. She is currently free to drive without restrictions.
It is important to note that this condition is only a defense when the accused is unaware that they have it. Courts have long recognized that people who have certain medical conditions that can affect their ability to drive are liable when they fail to take appropriate precautions.
If you or someone you know has been accused of DUI, it is important to obtain a lawyer. Our lawyers specialize in DUI defense. Contact us today.