Here, on the Edward M. Janzekovich law blog, we understand that you can be falsely accused of intoxicated driving – in fact, innocent people are arrested for DUI or DWI every day. There are many reasons why a police officer may suspect you have been operating a vehicle under the influence, although you are not actually drunk, high, or drugged. However, even if you have alegitimate defense for the charges against you, there is a good chance that the police, prosecutor, or court will not believe you unless you can present that defense properly.
Often, defenses involve medical conditions that cause you to exhibit intoxication-like symptoms -making it appear as if you have been drinking and driving, even when you haven’t. One such rare condition is called Auto Brewery Syndrome. Recently, the BMJ Open Gastroenterology medical journal published a new article discussing the case of a man who was arrested for DWI in North Carolina and tested on a breathalyzer at 2.5 times the legal limit, even though he had nothing to drink that day.
Regardless of the circumstances, if you or anyone you know has been charged with drunk driving, drugged driving, or driving while high, it is important to consult with an experienced defense lawyer as soon as possible. Only a good lawyer will be able to review your case and present the best defenses on your behalf. Depending on your situation, it may be possible to have the charges against you dismissed completely.
The North Carolina Man with Auto Brewery Syndrome
The BMJ Open Gastroenterology medical journal discussed the history of the subject driver: In 2014, the 46-year-old North Carolina man was arrested for DWI. He refused a breathalyzer analysis and was hospitalized. Medical providers tested his blood and found a blood alcohol concentration (BAC) measured at .20%, which is 2.5 times the legal limit of .08%. The hospital personnel and police refused to believe him when he denied having anything to drink.
After hearing about a similar case in Ohio, the man began doing his own investigation and reached out to medical providers. At one point, researchers found that his body naturally generated a BAC as high as .4% or 5 times the legal limit!
After numerous tests, they discovered elevated levels of saccharomyces cerevisiae (also knownas brewer’s yeast) and s. boulardii in his system. To investigate the man’s condition further, doctors collected gastrointestinal secretions and discovered fungal cultures positive for Candida albicans and C. parapsilosis – types of fungus. Ultimately, researchers theorized that the symptoms were triggered by exposure to antibiotics, which allowed his stomach and intestine to over grow certain fungi that allowed for the auto brewery syndrome to develop. Anti-fungal treatments were successful in returning his body back to normal.
So, What is Auto Brewery Syndrome?
Auto Brewery Syndrome also known as gut fermentation syndrome. The medical condition results from an imbalance of gut microorganisms. Symptoms involve turning carbohydrates to alcohol inside your stomach and intestines – causing you to get drunk even though you have not had any alcohol. People who suffer from Auto Brewery Syndrome often become intoxicated as the result of eating too much bread or sugar.
Having a condition like this can be extremely hard to diagnose and treat. For instance, Auto Brewery Syndrome is still not well-understood by the scientific and medical community, and the BMJ Open Gastroenterology researchers believe the condition may be under-diagnosed meaning there may be more people with Auto Brewery Syndrome than currently believed.
If you or someone you know feels like he or she has been falsely accused of DUI or DWI, it will be important to reach out to an experienced defense attorney as soon as possible. Proving a scientific or medical defense in court will be very difficult but not impossible. A good attorney will know how to find the right evidence to support your defense. An experienced drunk driving attorney may be able to have the charges against you dropped completely.
New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Help If You Have a Medical Defense
If you have been falsely accused of drunk driving, you need the right lawyer to help present your defense. A good lawyer will know what evidence and experts you need to win. An experienced DWI/DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.