The human body is an amazing machine, particularly since no two bodies are exactly alike. In fact, some bodies perform quite different from the rest, such as those that are afflicted by a rare condition known as Auto Brewery Syndrome. Vista DUI lawyer Peter M. Liss believes this condition is something more people should be aware of.
People with auto brewery syndrome actually brew ethanol in their stomach. For some individuals, this means walking around with a blood alcohol concentration above the legal drinking limit, for others, it means a single cocktail will result in a BAC above .40 even twelve hours or so after consumption. From a medical standpoint, these people are not only fascinating because they ferment alcohol in their bodies, but also because they can have a BAC that would leave most people with deadly alcohol poisoning while they suffer only minor symptoms. Obviously these people are equally interesting to drunk driving defense attorneys in Vista, as they can be more than four times above the legal intoxication limit without demonstrating any bad driving habits.
Now auto brewery syndrome is rare, so you shouldn’t immediately jump to the conclusion that you suffer from the condition just because you were tested to have a BAC higher than you believe you should have. But, if you find your BAC was drastically high despite only having one or two cocktails hours before you were tested, or if you did not drink anything at all and still had alcohol in your system, you should bring up the subject to your Vista DUI attorney.
In order to use auto brewery syndrome as a DUI defense, you will need to obtain medical proof that you have the condition. This will involve spending the better part of a day in a lab having your BAC tested to show it does rise without the consumption of alcohol. If you can prove you have auto brewery syndrome and were unaware of the condition, you may be able to beat your drunk driving charges. It’s important to recognize that you will also be required to make some dietary and lifestyle changes so you do not drive with a BAC over the legal limit in the future. Knowing you have auto brewery syndrome does not excuse you from driving drunk.
If you have any questions about auto brewery syndrome and the law or drunk driving in general, please call (760) 643-4050 to schedule a free initial consultation with Vista drunk driving defense lawyer Peter M. Liss.
Creative Commons Image by Steven Depolo