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NY Woman Beats DWI Charge Because Her Body Is A Brewery
By
Rebecca Fishbein
Published Dec 31, 2015
Modified Dec 31, 2015
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By
Rebecca Fishbein
Published Dec 31, 2015
Modified Dec 31, 2015
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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."
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