Case Dismissed Based on “Auto-Brewery Syndrome” Defense

Having a dedicated and experienced attorney is essential to defending yourself against DWI charges. There are evidentiary tools and various defenses which can be asserted that an attorney can help identify.

One recent case in which an attorney’s experience and use of unique defense tools resulted in a dismissal is a case in Upstate New York. A woman, after driving erratically, was pulled over for drunk driving. Her blood alcohol content (BAC) was at .33, more than four times the legal limit of .08. She stated that she only drank three alcoholic beverages earlier in the day, which was not enough to equal her BAC.

Having a dedicated and experienced attorney is essential to defending yourself against DWI charges. There are evidentiary tools and various defenses which can be asserted that an attorney can help identify.

One recent case in which an attorney’s experience and use of unique defense tools resulted in a dismissal is a case in Upstate New York. A woman, after driving erratically, was pulled over for drunk driving. Her blood alcohol content (BAC) was at .33, more than four times the legal limit of .08. She stated that she only drank three alcoholic beverages earlier in the day, which was not enough to equal her BAC.

The defendant’s attorney did research, and found a disorder called “Auto-Brewery Syndrome,” a condition in which individuals have high levels of the yeast saccharomyces cerevisiae (Latin for “sugar fungus”) in their digestive system. The yeast ferments the contents in the individual’s gut, thereby causing intoxication. Only about 50 to 100 people have been diagnosed with this disease.

The defendant was tested and was found to have this disease. The judge assigned to her case then dismissed the charges, to which the District Attorney is now appealing.

If you have been charged with a criminal offense, you have a right to consult with an attorney immediately to ensure that your rights are protected. Contact the criminal defense attorneys at the Law Office of McGuire & Pelaez, P.C. today at (631) 348-1702.