How a Rare Medical Disorder Can Cause DUI Without Drinking – Auto Brewery Syndrome

Auto-brewery syndrome (ABS), also known as gut fermentation syndrome, is a rare condition that causes people to produce alcohol from carbohydrates. This can lead to a DUI arrest because it causes patients to have a breath or blood alcohol concentration over the legal limit even though no alcoholic beverage was consumed.

ABS occurs when the body converts carbohydrates into alcohol through fermentation caused by bacteria or fungi. This can happen in the gastrointestinal system, oral cavity, or urinary system. 

ABS causes an excessive amount of yeast in an individual’s intestines ferments sugars from ingested foods and nonalcoholic beverages into alcohol. Patients with this condition have many of the signs and symptoms of alcohol intoxication, but deny consuming alcohol. They often report a high-sugar, high-carbohydrate diet. 

ABS is more prevalent in people with diabetes, obesity, and Crohn disease, but it can occur in otherwise healthy individuals.

Because of this, people with ABS cannot be convicted of violating California Vehicle Code 23152, which states that it’s illegal to drive while under the influence of an alcoholic beverage.

Auto-Brewery Syndrome Responsible for Woman’s DUI

The most famous case of Auto-brewery syndrome was first covered back in 2015. In this ABS case, a woman was arrested and charged with Driving Under the Influence (DUI) after she collided with a parked car. Later, it was determined that the driver’s Blood Alcohol Concentration (BAC) was 0.10 percent.

While the woman had admitted to being an alcoholic in the past and being arrested previously for drinking and driving, the driver was a recovering alcoholic and was not drinking when the most recent incident occurred. At the time of the unjust DUI charge, the only thing the woman was drinking in excess was orange juice.

The woman was drinking a lot of orange juice at the time, up to a full gallon per day. It was discovered that the driver suffers from a rare condition known as auto-brewery syndrome – an actual medical condition, this syndrome causes the sufferer to produce very high levels of yeast within his or her digestive track.

During the process of making beer, yeast is used to eat the sugar that is expelled from boiling various kinds of grains and malts. The yeast then releases carbon dioxide and alcohol.

Considering the woman’s condition, it is easy to deduce that the excess yeast in her digestive system was consuming the excess sugars from the orange juice and expelling alcohol and becoming intoxicated even though she was not drinking any alcoholic beverages. This could very easily be the reason why she got into the accident with the parked car.

Even with this evidence, the driver opted to take a plea deal and pleaded guilty to the lesser charge of reckless driving – she received probation for this conviction.

Key Takeaways of Challenges in This Auto-brewery Syndrome DUI Case

The driver had spent about $25,000 fighting her DUI charge before taking the plea deal, including the polygraph test she privately commissioned and the lawyers fees.

Her decision to take the plea deal came when she realized, even with the best legal team, there was a possibility of still being convicted, and a DUI conviction would easily end her career and take away her livelihood and financial stability.

Since the incident, the driver has stopped drinking orange juice and has reported that she has not had any other issues with the auto-brewery syndrome or intoxication.

If you or someone you know is facing a drinking and driving charge, regardless of the situation, it is important to seek the legal advice of a knowledgeable DUI attorney. These legal professionals can help you build a defense, take the case to trial, or arrange a plea bargain for a lesser charge.