Gothamist

A non-profit newsroom, powered by WNYC.

Gothamist

WNYC Listen Live

Donate

 

 

News

NY Woman Beats DWI Charge Because Her Body Is A Brewery


By

Rebecca Fishbein

Published Dec 31, 2015

Modified Dec 31, 2015


Share

FacebookTwitterRedditEmail


Never miss a story

 Email address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .


By

Rebecca Fishbein

Published Dec 31, 2015

Modified Dec 31, 2015


Share

FacebookTwitterRedditEmail


We rely on your support to make local news available to all

Make your contribution now and help Gothamist thrive in 2026. Donate today

Gothamist is funded by sponsors and member donations

A Buffalo woman who was arrested on drunk driving charges last year got them tossed after arguing her body is essentially a "brewery," thanks to a medical condition that transforms high-carb foods she digests into alcohol. It's not exactly a Twinkie defense, but it's something.

The 35-year-old schoolteacher, who has not been identified, was pulled over on October 11, 2014, after cops spotted her driving erratically. After administering a Breathalyzer test, officers discovered she had a blood-alcohol content level of 0.33 percent, which is over four times the legal limit. She was arrested and charged with driving while intoxicated.

But the woman apparently suffers from a condition called "gut fermentation," or "auto-brewery syndrome,"—it's a rare disorder in which high yeast levels ferment carbohydrates inside a person's intestines. Her attorney claimed she hadn't had more than three drinks in the six hours before she was arrested, and in fact, she'd tested her BAC with a Breathalyzer at home for 18 days and consistently blew a 0.2. "She had no idea she had this condition. Never felt tipsy. Nothing," her attorney, Joseph Marusak, told reporters.

A judge approved medical documents confirming the woman's condition and dismissed the charges against her earlier this month. Note, however, that the Brewery Defense will not always stand. "At first glance, it seems like a get-out-of-jail-free card," Jonathan Turley, a law professor at George Washington University, told NBC News. "But it's not that easy. Courts tend to be skeptical of such claims. You have to be able to document the syndrome through recognized testing."

Tagged

brewery

buffalo

dwi


Rebecca Fishbein

Read more

Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


MORE news

Early Addition: Eric Adams did not convince a Wisconsin town to build a data center

Because the vote against it was unanimous, here are your early links: Jacket weather, swishing your Guinness, spooky decorations in North Jersey and more.

By

James Ramsay

Published Oct 14, 2026 at 8:28 a.m. ET


Hit-and-run driver arrested trying to flee to Uzbekistan after deadly crash, NYPD says

Police arrested 22-year-old Sobirjon Abdurazakov for a hit-and-run that killed a 62-year old Lyft driver.

By

Brittany Kriegstein

News

Hit-and-run driver arrested trying to flee to Uzbekistan after deadly crash, NYPD says

Police arrested 22-year-old Sobirjon Abdurazakov for a hit-and-run that killed a 62-year old Lyft driver.

By

Brittany Kriegstein


NY measles outbreak more widespread than official count, health officials say

By

Caroline Lewis

A NYC judge brought his gun into court for an ‘experiment’. Now he’s censured.

By

Samantha Max

The Bronx is getting a new casino and a reimagined Ferry Point Park, too

By

Willow Higgins


Never miss a story

Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.

Sign upEmail address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .