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[Butts-a-plenty]

Drunken-driving charges against a woman in upstate New York have been dismissed based on an unusual defence: her body is a brewery.

The woman was arrested while driving with a blood-alcohol level more than four times the legal limit. She then discovered she has a rare condition called “auto-brewery syndrome”, in which her digestive system converts ordinary food into alcohol, her lawyer Joseph Marusak said.

A town judge in the Buffalo suburb of Hamburg dismissed the charges after Marusak presented research by a doctor showing the woman had the previously undiagnosed condition in which high levels of yeast in her intestines fermented high-carbohydrate foods into alcohol.

The rare condition, also known as gut fermentation syndrome, was first documented in the 1970s in Japan, and both medical and legal experts in the US say it is being raised more frequently in drunken-driving cases as it is becomes more known.

“At first glance, it seems like a get-out-of-jail-free card,” said Jonathan Turley, a law professor at George Washington University. “But it’s not that easy. Courts tend to be sceptical of such claims. You have to be able to document the syndrome through recognised testing.”

The condition was first documented in the US by Barbara Cordell of Panola College in Texas, who published a case study in 2013 of a 61-year-old man who had been experiencing episodes of debilitating drunkenness without drinking liquor.

Marusak contacted Cordell for help with his client who insisted she had not had more than three drinks in the six hours before she was pulled over for erratic driving 11 October 2014. The woman was charged with driving while intoxicated when a breath test showed her blood-alcohol content to be 0.33%.

Cordell referred Marusak to Dr Anup Kanodia of Columbus, Ohio, who eventually diagnosed the woman with auto-brewery syndrome and prescribed a low-carbohydrate diet that brought the situation under control. Her case was dismissed on 9 December, leaving her free to drive without restrictions.

During the long wait for an appointment, Marusak arranged to have two nurses and a physician’s assistant monitor his client for a day to document she drank no alcohol, and to take several blood samples for testing.

“At the end of the day, she had a blood-alcohol content of 0.36% without drinking any alcoholic beverages,” Marusak said. He said the woman, who cannot be named for reasons of medical confidentiality, also bought a breath test kit and blew into it every night for 18 days, registering around 0.20% every time.

The legal threshold for drunkenness in New York is 0.08%.

While people in cases described by Cordell sought help because they felt drunk and did not know why, Marusak said that was not true of his client. “She had no idea she had this condition. Never felt tipsy. Nothing,” he said.

http://www.theguardian.com/us-news/...to-alcohol-beats-drink-drive-charge?CMP=fb_gu

 

[Zubz]

... Huh. I mean, it's not the worst condition one can have. Still, getting drunk just by having a good meal prior has to be a huge pain to deal with.

 

[gdt]

Wow. Imagine that.


This world is really crazy sometimes.

 

[Your Entertainer]

Isnt she still impaired?

 

[shadowsdarknes]

Thank you, Inebriated.

 

[Lagamorph]

So....shouldn't people diagnosed with this be banned from driving altogether?

 

[Surface of Me]

Holy shit .33%


Still seems like you shouldnt be able to drive if you have this, like blind people.

 

[The Broken Ska Record]

I think I heard a similar case where a guy's family thought he was an alcoholic because he seemed drunk every night, but he had auto-brewery syndrome.

 

[Hasphat'sAnts]

Great username thread synergy, OP

 

[WedgeX]

Isnt she still impaired?

Seriously. An uncontrolled seizure disorder results in a loss of driving privileges. This should too. Perhaps more so since it doesn't sound like there is a protective medication for it.

 

[old]

Would seem to me that after you're diagnosed with it that you should have a "no high carb meal before driving" condition on your license. I don't like how it didn't affect her driving restrictions.

The defense shouldn't work a second time after they know they have the condition. If they eat pizza knowing it will make them drunk, then drive, that really should be treated no different than if the downed a fifth of liquor then drove.

 

[Robot Pants]

Sorry officer I uh..... Didn't know I couldn't that

 

[SapientWolf]

Holy shit .33%


Still seems like you shouldnt be able to drive if you have this, like blind people.

She said she didn't feel anything though. Most people would feel a little dead at .33.

 

[MFishy]

And then she had her license revoked right?

 

[Poodlestrike]

I did not know that that was a thing. Damn.

I don't see any reason she shouldn't be able to keep her license, but she still shouldn't be allowed to drive drunk. It's just a lot harder for her.

 

[SDCowboy]

Does this disorder still cause impairment? If so, how is she allowed to have a license?

 

[SURGEdude]

She said she didn't feel anything though. Most people would feel a little dead at .33.

Yeah but if she's been drunk most of her life she might not really be able to tell the difference and have mad tolerance.

Imagine the damage done to her liver.

 

[HideyoshiJP]

I agree with others. Regardless of the source, this woman should not be able to drive, or not without some medical endorsement. It really sucks, but impairment is impairment.

 

[EloquentM]

Yeah but if she's been drunk most of her life she might not really be able to tell the difference and have mad tolerance.

Imagine the damage done to her liver.

Her liver evolved to actually process alcohol more efficiently, like an X-men.

Spoiler

/s

 

[sangreal]

heh, thought this sounded familiar.. we had a thread on another guy with this condition: http://www.neogaf.com/forum/showthread.php?t=682405

 

[Surface of Me]

She said she didn't feel anything though. Most people would feel a little dead at .33.

Lethal dose is .40 and above, according to my quick Google research.

 

[SURGEdude]

Lethal dose is .40 and above, according to my quick Google research.

Not for somebody who gets drunk everyday.

I agree with others. Regardless of the source, this woman should not be able to drive, or not without some medical endorsement. It really sucks, but impairment is impairment.

Good news for her is there's a medication that she can take.

I wonder what the mormons and islam have to say about this considering it's clearly god's will and all.

 

[Zoe]

She still should have been considered impaired, and she did have three drinks on top of that.

 

[Noshino]

So....shouldn't people diagnosed with this be banned from driving altogether?

No

It can be controlled, the problem was that she didn't know she had it.

Would you ban every diabetic from driving because of hypoglycemia knowing that it can be kept under control?

She still should have been considered impaired, and she did have three drinks on top of that.

She had 3 drinks without knowing that she already had alcohol on her system

I dont think this excuse would work more than once

 

[Jenov]

Er, if she's consistently impaired due to her condition, why is she being allowed to drive at all?

"..bought a breath test kit and blew into it every night for 18 days, registering around 0.20% every time"

Sounds like her licensed should be revoked unless she can find a way to lower her level for driving.

 

[Speevy]

Does she convert beer to wine or how does that work?

 

[Stinkles]

Does she convert beer to wine or how does that work?

Jesus Christ, dude.

 

[HideyoshiJP]

Not for somebody who gets drunk everyday.



Good news for her is there's a medication that she can take.

I wonder what the mormons and islam have to say about this considering it's clearly god's will and all.

That's a good thing. I still think a medical endorsement, like the glasses endorsement, would go a long way here. It could save her some harassment as well.

 

[Eblo]

While people in cases described by Cordell sought help because they felt drunk and did not know why, Marusak said that was not true of his client. “She had no idea she had this condition. Never felt tipsy. Nothing,” he said.

So she averages a BAC of around 0.20% and doesn't feel it? Does she just have a very high tolerance?

Sorry officer I uh..... Didn't know I couldn't that

I understood that reference

 

[Syriel]

Holy shit .33%


Still seems like you shouldnt be able to drive if you have this, like blind people.

.3 to .4 would have most people on their ass, or passed out. That's not functional for the average person.

Would seem to me that after you're diagnosed with it that you should have a "no high carb meal before driving" condition on your license. I don't like how it didn't affect her driving restrictions.

The defense shouldn't work a second time after they know they have the condition. If they eat pizza knowing it will make them drunk, then drive, that really should be treated no different than if the downed a fifth of liquor then drove.

From the CNN story:

"I hired two physician assistants and a person trained in Breathalyzers to watch her and take blood alcohol levels over a 12-hour period and had it run at the same lab used by the prosecution," said Marusak. "Without any drinks, her blood level was double the legal limit at 9:15 a.m., triple the limit at 6 p.m. and more than four times the legal limit at 8:30 p.m., which correlates with the same time of day that the police pulled her over."

...

In the meantime, Marusak's client is treating her condition with anti-fungal medications and a yeast-free diet with absolutely no sugar, no alcohol and very low carbs. While that works for some, Cordell says, others relapse or find little relief.

http://www.cnn.com/2015/12/31/health/auto-brewery-syndrome-dui-womans-body-brews-own-alcohol/

I did not know that that was a thing. Damn.

I don't see any reason she shouldn't be able to keep her license, but she still shouldn't be allowed to drive drunk. It's just a lot harder for her.

According the news, she didn't even start to show symptoms of drinking until she passed .30. As in no impairment, at levels that would knock a normal person on their ass.

 

[Pinko Marx]

So... Is she always drunk after eating or something?

 

[Poodlestrike]

Not for somebody who gets drunk everyday.



Good news for her is there's a medication that she can take.

I wonder what the mormons and islam have to say about this considering it's clearly god's will and all.

Funny story my dad told me one time. He was in a lunch meeting with this guy, who, as it turns out, was Mormon. They're chatting, and when it's time to order drinks my dad orders a bloody mary, and the Mormon guy orders a virgin bloody mary. Well, the drinks show up at the table, and my dad takes one sip and almost immediately realizes that he must have gotten the wrong one, but the mormon guy keeps sipping, because... if it's God's will that he gets the alcohol, who is he to question?

So they'd probably be fine.

 

[Calvero]

So....shouldn't people diagnosed with this be banned from driving altogether?

she wasn't diagnosed.. it's rare, doubt many get diagnosed until they're affected in a way like her

 

[Zoe]

She had 3 drinks without knowing that she already had alcohol on her system

I dont think this excuse would work more than once

Just those three drinks would have been able to impair someone which is why I'm skeptical.

 

[antonz]

Story is an odd one. Seems like revocation of her license should be done. Her body apparently naturally reaches levels where she is impaired.

If a .33 had her driving erratic etc and she can reach a .36 just by daily living then she is a danger on the road. If not a full ban then it seems she needs to have heavily restricted hours like morning driving only before her body has the chance to intoxicate itself too much

 

[Hatchtag]

And then she had her license revoked right?

Does this disorder still cause impairment? If so, how is she allowed to have a license?

I agree with others. Regardless of the source, this woman should not be able to drive, or not without some medical endorsement. It really sucks, but impairment is impairment.

read the OP:

[The doctor] prescribed a low-carbohydrate diet that brought the situation under control

It's not like being blind, because there's a solution that puts the problem under control.

 

[jts]

nvm I should have read better. Happy new year!

 

[HeySeuss]

Jesus Christ, dude.

No that was water to wine.

 

[Turin Turambar]

Isnt she still impaired?

That was what I was thinking. If you have that condition, you can't drive.

 

[Tobor]

Would seem to me that after you're diagnosed with it that you should have a "no high carb meal before driving" condition on your license. I don't like how it didn't affect her driving restrictions.

The defense shouldn't work a second time after they know they have the condition. If they eat pizza knowing it will make them drunk, then drive, that really should be treated no different than if the downed a fifth of liquor then drove.

"How many tacos have you had this evening? I smell them on your breath."

 

[RumblingRosco]

Seems like a creative person could patent a new type of probiotic which contained only yeast and market it as a method to get drunk in situations you aren't allowed to have alcohol or don't want to pay for expensive alcohol (such as on an airplane, at a sporting event, etc). Yeast are cheap as shit to mass-produce, not including getting this through regulatory agencies.

 

[Beartruck]

Is she turning water into wine? Who is she, Jesus?