Despite being found that blood alcohol content at .33%, over four times than the state’s legal limit, a town judge lately has dismissed drinking and driving charges against this woman. You might be wondering as to why, the reason is the upstate New York woman suffers from a rare intestinal disorder called “Auto-Brewery Syndrome”, which sometimes turns ordinary food and beverages into alcohol in a person’s body.
Defense attorney Joseph J. Marusak said that the woman’s digestive system had so much yeast that it functions like a brewery. The 35-year-old school teacher can register a blood alcohol content that would either put in comatose stage or you will die, but she can function normally.
Judge Walter L. Rooth, a Hamburg town justice, has dismissed misdemeanor charges of DWI filed against the woman on October 11, 2014. The woman said that she did take three alcoholic beverages early in the day, unveiled a police report. But she also said that she has not drunk to a level that produces such a high level of BAC reading.
Hamburg Police Chief Gregory G. Wickett said that his officers made the right decision to charge the woman. Wickett said, “She was highly intoxicated, as shown by the Breathalyzer. Our officers did the right thing in getting her off the road. Whether she has a medical issue that caused it is not for me to decide”.
Court officials have affirmed that prosecutors may appeal and have the case reinstated. Marusak said that many times they have conducted tests on the woman and the blood alcohol content was found to be very high.
It was then found that she was having Auto-Brewery Syndrome. As per Dr. Anup Kanodia, a physician near Columbus, Ohio, who has treated people for the syndrome, said that more than 50 to 100 people have been officially diagnosed with the illness. Marusak said that this case is a novelty and does not see many people claiming they have this illness.
In other news AJC reported, she also used a breath test kit that showed every night for over two weeks she had a blood-alcohol level of about 0.20 percent despite not drinking any alcohol.
When the doctors proved her body really does use high-carbohydrate foods to create alcohol, the DUI charges were dismissed this December. She is now free to drive with no restrictions but plans on making some changes to her diet.
In a statement provided to US News, a New York judge has dismissed a drunk driving charge against a woman who took steps to prove her body works as a brewery, using excess intestinal yeast to turn ordinary food into alcohol, resulting in breathalyzer readouts that generally would indicate life-threatening intoxication.
“I would say it is not safe to drive a car if you are in an auto brewery syndrome flare,” Dr. Anup Kanodia of Ohio, an auto-brewery syndrome expert who monitored and tested the woman, told the News. “But it’s a brand new disease and we’re still trying to understand it.”
Kanodia, who monitored and tested the woman, conveys that it is a real syndrome, “but it’s a brand new disease and we’re still trying to understand it.” He estimates 50 to 100 people have been diagnosed with this syndrome today, but 95 percent of the people who are inflicted with the syndrome don’t realize they have it.
The woman who was excused from the DUI in the New York court by Judge Walter Rooth explained how this syndrome can make her appear drunk. She said that she can register life-threatening alcohol levels in a Breathalyzer test due to her Auto-Brewery Syndrome. This case was heard in a New York court on December 9, according to a report from the Examiner.