Woman’s body acts as ‘brewery,’ so judge dismisses DWI


Buffalo News:

**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.




It’s an older book, from the 1980s, but recall reading about a similar yeast brewing gut case. It was about an American guy that always seemed intoxicated but never drank alcohol. He eventually found a cure in Japan. There they had a tough to go through, toxic, yeast/fungal medication that was able to kill off the yeast causing the alcohol condition.

He had tried low carb dieting but it had not worked in his case at removing the home gut brew yeast, he said.

“The Yeast Syndrome”



I suppose to add to the confusion of this kind of situation.

“Low-carbers beware the breathalyzer”


excerpt from Dr. Eades’s article:

…Here is what happened to a man in Sweden on a low-carb diet:

We report a case of a 59-year-old man, body mass index 26.6 kg/m2, who began a weight reduction program, partly because of knee pains but also because he was a glider pilot where weight is important. He used a Swedish textbook on obesity treatment written by S Rössner together with the commonly used Swedish VLCD [very low calorie diet] Nutrilett (Cederroths, Stockholm, Sweden), 5 packets/day for 3 weeks, which is an approved standard regimen. This treatment resulted in a weight loss of 7 kg.

During dieting, the man discovered that an alcohol ignition interlock device, installed in an official company car, indicated that he had consumed alcohol and the vehicle failed to start. This was confusing because the man was a life-long teetotaller and was therefore both surprised and upset by the result. As he had been supervising private aviation he had access to a second breath-alcohol analyzer, which indicated a simultaneous BAC ranging from 0.01 to 0.02 g/100 ml…


What are the symptoms of this condition other than a high BAC?

And isn’t what the DA is trying to do double jeopardy?


The case was dismissed, so there was no jury trial that resulted in either conviction or acquittal, as such double jeopardy doesn’t apply.


I hope that poor woman gets help.

It seems to be an awful condition to have, which could affect one in a real way!


First of ll she admitted she had three drinks the night she was arrested which depending on weight metabolism, &c could be enough to put her over the limit right there.

Second, the law defines DUI as a certain blood alcohol and it doesn’t matter where the alcohol came from.

Last, a lot of people are unfit to drive due to a medical condition. I have a seizure disorder so I’ve never had a license. If she was able to get this under control with diet after her arrest she should have done so long ago.


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