Rare Condition Leads to Dismissal of Criminal DUI Case in New York

 Posted on January 19, 2016 in DUI

In a criminal DUI case, there may be ways to have the case dismissed or, at the very least, decrease any resulting consequences. One woman in New York had a rather unique case; because of a medical condition known as “auto-brewery syndrome,” her charges were dismissed. The final verdict may lead many other cases like it, but there are a few things you should know before attempting to use this defense yourself.

What is Auto-Brewery Syndrome?

Auto-brewery syndrome is a rare medical condition caused by abnormal amounts of gastrointestinal yeast. That yeast is capable of converting food carbohydrates from food into ethanol. As a result, blood alcohol levels could test high, even if the person has not consumed any alcohol recently. This was not quite the case for the woman in New York, but evidence suggests that, despite having drinks earlier in the day, her blood alcohol levels should have been lower than they were at the time of testing.

Details Surrounding New York Auto-Brewery DUI Case

According her attorney, the New York woman had consumed four drinks between the hours of noon and six in the evening—which is less than one drink per hour. While driving home, she ended up with a flat tire. Someone allegedly reported it as an accident, and officers responded to the scene.

Upon their arrival, officers used a breathalyzer test on the woman, in which she blew an alcohol level of 0.40. Considered to be intoxicated to the point of life-threatening, the woman was sent to a nearby hospital. There, she allegedly tested at a blood alcohol level of 0.30, yet the hospital allegedly determined that she had no other symptoms of drunkenness and had planned to release her.

Suspicious of how she could display no signs of drunkenness, despite having high blood alcohol levels, the woman’s attorney set out to find an explanation. His search led him to auto-brewery syndrome. Of course, to ensure this argument could stand up in court, he needed proof. A pharmacologist, two physicians assistants, and a person trained in breathalyzers all assisted him in compiling the evidence to have the woman’s charges dismissed.

Why This Argument May Not Work for You

As previously mentioned, individuals charged with a DUI may attempt to use a similar defense. Unfortunately, without enough evidence to support such a claim, th efforts to have their charges dismissed are likely to be in vain. The woman from the New York case had to be monitored and tested over a 12-hour period and show blood alcohol levels consistent with those from the night she was arrested. Her attorney also used an expert witness to help build the case.

In short, you cannot simply use a defense unless you are equipped with enough evidence to support it. But you can employ the assistance of a qualified Illinois criminal DUI defense attorney, who can look at your particular situation and determine what your options may be. Since 2002, Scott F. Anderson, Attorney at Law, has been helping those arrested for a DUI understand their rights and pursue the best possible outcome. To find out how he may be able to assist you, schedule a free initial consultation. Call 847-253-3400 today.

Source:

http://www.breitbart.com/texas/2016/01/02/woman-prevails-dui-defense-gut-ferments-alcohol-food/