A great DUI lawyer can help make the process more painless and even get your charges dismissed, but it takes a truly original mind to come up with the defense that one attorney used in New York this month.

According to the Associated Press,  Joseph Marusak managed to get his client’s DUI thrown out, in spite of the fact that her blood alcohol level was four times the legal limit. How? By diving into the annals of medical research and finding an incredibly rare condition wherein the human body literally creates alcohol.

“Auto-Brewery Syndrome” Basics

Called “auto-brewery syndrome,” this documented medical condition has been used by defense lawyers before, and is currently being used in cases in Texas and Oregon. But what exactly is it, and how does it work?

The condition, which is also known as gut fermentation syndrome, can lead to high blood-alcohol contents in those who have it because their body is literally producing ethanol right inside their gut. This is due to a type of yeast which interacts with the body. The condition, which was only just discovered in the 1970s, can be treated through dietary changes and medications, but often, sufferers aren’t even aware that they have it.

Gut Fermentation as a DUI Defense

Use of auto-brewery syndrome in DUI courts isn’t exactly new, but it has always been controversial; there’s very little scientific research on the condition in general, and in 2000, a medical journal published a paper noted that “the notion that a motorist's state of intoxication was caused by endogenously produced ethanol lacks merit.” Since then, though, there have been cases of intoxication caused by this condition—one incident, in 2013, found a man who was inexplicably inebriated even when he had not consumed any alcohol.

To build his case in New York case, Marusak consulted numerous physicians and came prepared with statements that the woman, even having consumed no alcohol in a day, would consistently blow well over the state limit. She also testified that she was unaware that she had the condition, as she had never felt tipsy.

The lack of awareness on behalf of the driver is also crucial in the use of auto-brewery syndrome in DUI cases; if a driver knows that they suffer from the condition and they knowingly drive, they may still be found guilty.

However, in New York, the defendant said she was unaware, and the case was dismissed—despite testimony from officers who said that she did appear intoxicated.

Auto-brewery syndrome certainly isn’t a slam-dunk defense—if the driver was intoxicated and behind the wheel, they could still be found guilty—but it certainly does demonstrate the creativity of some legal professionals.

If You’ve Been Charged with a DUI in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!