A New York woman was charged with DWI in October 2014 but now she is free of all the charges after it was found that the woman was not drunk, rather she was suffering from Auto-Brewery Syndrome (ABS).
Reports of the US News and World on December 31 said, “The excuse may sound bogus, but elected Hamburg town Judge Walter Rooth found the woman’s claim compelling after she spent $7,000 working with a specialist to show her body sometimes meets the legal definition of drunkenness without actual alcohol intake”.
The 35-year-old woman is a teacher from the suburb of Hamburg, near Buffalo. The unnamed woman was stopped in October 2014 and was charged with DWI after another motorist called 911 and reported seeing a 2010 Toyota Corolla that was weaving all over the road.
Hamburg police officer Daniel Gallardo stopped the woman after being alerted by the motorist. The woman said she just had three drinks much earlier in the evening.
Officer Gallardo said the suspect exhibited glassy-bloodshot eyes and was even not able to speak properly. The officer said the woman was also driving on a flat tire, producing a large amount of smoke and a noticeable smell of burning rubber.
The woman’s even failed in the roadside sobriety test. The woman BAC level was so high that usually results after consuming 8 to 10 drinks, and is close the lethal levels.
The woman’s lawyer, defense attorney Joseph J. Marusak, described the case as bizarre and unusual and said her client is suffering from ABS. Marusak said ABS, also known as gut fermentation syndrome, is something that affects only a tiny percentage of adults.
The syndrome is also known as gut-fermentation syndrome, which takes place abnormal amounts of gastrointestinal yeast turns common food carbohydrate into ethanol. The process takes place in small bowel and is different from the normal gut fermentation in the large bowel that provides energy to human body.
The syndrome was first discovered into 1912 as germ carbohydrate fermentation and studied in the 1930s and 40s as a contributory factor to vitamin deficiencies and irritable bowel syndrome.
The woman is getting her condition treated with anti-fungal medications and a yeast-free diet with absolutely no sugar, no alcohol and very low amount of carbohydrates.
The CNN notes that, That's what happened to an upstate New York woman when she blew a blood alcohol level more than four times the legal limit. Just before Christmas in Hamburg, New York, a judge dismissed the charges after being presented with evidence the woman suffers from "auto-brewery syndrome."
"I had never heard of auto-brewery syndrome before this case," attorney Joseph Marusak told CNN on the condition his client's identity remain anonymous. "But I knew something was amiss when the hospital police took the woman to wanted to release her immediately because she wasn't exhibiting any symptoms."
In other news BuzzFeed reported, here’s a new entry for best way to get out of a drunk driving charge: It’s not my fault — it’s the fungus in my gut.
Earlier this month, a judge in Hamburg, New York, dismissed a driving while intoxicated case against a 35-year-old school teacher after her attorney claimed that she had “auto-brewery syndrome,” a severe yeast infection in her intestines that supposedly pushed her blood alcohol levels to nearly four times the legal limit for driving.
In a statement provided to I4U, a New York woman has been arrested and charged with DUI but later it was discovered that she was not drunk. She was suffering from a rare disease known as ‘Auto-brewery syndrome’ in which digestive system starts to brew its own alcohol.