**Woman’s body acts as ‘brewery,’ so judge dismisses DWI **
But a town judge recently dismissed the aggravated driving while intoxicated charge, after hearing medical evidence that the woman suffers from a rare intestinal disorder called “Auto-Brewery Syndrome” that sometimes turns ordinary food and beverages into alcohol in a person’s body. The Erie County District Attorney’s office says it will appeal the judge’s ruling and seek to have the charges against the driver reinstated.
The case involving a 35-year-old school teacher is believed to be among the first of its kind in Western New York, if not the entire state.
Essentially, her digestive system has so much yeast that it functions like a “brewery,” defense attorney Joseph J. Marusak said.
“It’s also known as gut fermentation syndrome,” Marusak said.
“She can register a blood alcohol content that would have you or I falling down drunk, but she can function,” Marusak said.
He described the case as “bizarre and unusual – one of the strangest cases I’ve ever been involved with in more than 30 years as a lawyer.”
In one of his final actions in 35 years as a Hamburg town justice, Judge Walter L. Rooth dismissed misdemeanor charges of DWI and aggravated DWI that town police filed against the woman Oct. 11, 2014.
The woman did admit she had three alcoholic beverages earlier in the day, according to a police report, but not nearly enough booze to produce such a high BAC reading.
I saw another article which stated she has been put on a low-carb diet that will prevent her body from producing alcohol in the future.
I think that if she already knew she had this condition (and how could she not?) she should still be prosecuted.