Sitio web en Español: 

24/7/365 Emergency Hotline: 631-348-1702

Group Photo
group-photo-2024
previous arrow
next arrow

24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

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.

Leave a Reply

Your email address will not be published. Required fields are marked *


The reCAPTCHA verification period has expired. Please reload the page.

Reviews

Excellent service ! Would highly recommend, honest fair pricing. Staff and attorneys are very friendly.
Amazing team
I had the pleasure of working with McGuire, Peláez,Bennett, & Belcastro. The entire process was handled with professionalism, efficiency, and genuine care. Everyone I interacted with was knowledgeable, responsive, and made sure my questions were answered along the way. I really appreciated how smoothly everything was handled and how quickly they got back to me whenever I needed assistance. I would definitely recommend their office to anyone looking for a professional and reliable team!
Skip to content