Rare “Auto-Brewery Syndrome” Successfully Used as DUI Defense. Would it Work in San Diego?

Posted by Neil Shouse | Feb 09, 2016 | 0 Comments

Rare 20 ce 93 c3 87 c2 a3auto brewery 20syndrome ce 93 c3 87 c2 a5 20successfully 20used 20as 20dui 20defense. 20would 20it 20work 20in 20san 20diego

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.

About the Author

Neil Shouse

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.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Call us 24/7 (855) 396-0370