California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI » Rare “Auto-Brewery Syndrome” Successfully Used as DUI Defense. Would it Work in San Diego?
There are a large number of defenses and ways to beat DUI charges in San Diego. But a new one may have recently appeared. A rare disorder that causes the body to produce alcohol on its own was recently used to successfully defeat DUI charges in New York state. Would it work in San Diego?
As reported in the Buffalo News, DUI charges against a 35-year-old school teacher were dismissed after her criminal defense attorney proved that she suffered from a rare condition known as “Auto-Brewery Syndrome.”
The teacher had been pulled over and arrested after she registered a .33 percent blood alcohol content – four times the legal limit – even though she had only consumed a few drinks earlier in the day.
Her defense attorney had read about a condition in which the body converts ordinary food into alcohol because of an excessive amount of yeast in the digestive system. He then sent his client to a doctor who diagnosed her with “Auto-Brewery Syndrome” or “Gut Fermentation Syndrome.”
The doctor who gave the diagnosis said he believes that no more than 50 to 100 people have been officially diagnosed with the illness but that at least 95 percent of people who have the condition don’t know they have it because it is so rare and unusual.
The teacher’s case was the first reported case of Auto-Brewery Syndrome being successfully used as a success to DUI charges. Would such a condition – if successfully proven – would work as a defense to San Diego DUI charges is unclear. However, the condition could be analogized to the presence of “mouth alcohol,” which is used as a defense to San Diego DUI charges.
Conditions such as GERD, acid reflux, and heartburn which impact BAC readings by creating “mouth alcohol” are examples of medical DUI defenses. One could argue that a condition in which alcohol is unknowingly and unintentionally present in the body would fit under this kind of defense. But, again, it remains unclear if it actually would.
If you are facing San Diego DUI charges, you need to speak with an attorney immediately. Please give one of our experienced San Diego DUI defense attorneys a call today.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Obviously, suffering a California drunk driving conviction is never a good thing. You face substantial fines, participation in alcohol and/or drug education classes, car insurance repercussions, and…depending on the severity of the offense…sometimes even a jail or prison sentence. But perhaps one of the harshest penalties is the possibility of losing…or never obtaining…a professional license. ...
In Assembly Bill 2687, the California legislature lowered the blood alcohol limit for Californian “passenger for hire” drivers in an effort to protect riders. Starting July 1, 2018, paid drivers cannot have a blood alcohol level of .04 percent or more. The bill amends Vehicle Code sections 23152(e) and 23153(e). “Passenger for hire” is a passenger ...
ARS 28-1383 makes a fourth-time DUI in a 7-year period in Arizona an aggravated DUI, which is a class 4 felony. Penalties include a mandatory minimum of an 8-month prison sentence, $4,000 in fines, and a 1-year driver’s license suspension. In addition, the defendant must take traffic survival school as well as an alcohol and ...
Yes. People may appeal the Colorado DMV’s decision to suspend or revoke their driver’s license. The appeals process requires filing a complaint with the local district court within 35 days of the DMV hearing’s decision. Ultimately, the district court judge will review the DMV transcript and legal briefs to determine whether to affirm the DMV’s ...