My Body is My Castle – Her Body is Her Brewery and Got Her a DWI

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brewery

A New York woman successfully got out of a DWI charge because of a medical condition.

The unnamed woman’s attroney, Joseph J. Marusak, argued to a judge that his client had a medical condition referred to as auto-brewery syndrome, a rare intestinal condition that converts food to alcohol.

He says that condition is why she was found to have a blood alcohol content of .33 percent; four times the legal limit.

“She can register a blood alcohol content that would have you or I falling down drunk, but she can function,” Mr. Marusak said.

Marusak went on to say that this case is “one of the strangest cases I’ve ever been involved with in more than 30 years as a lawyer.”

Hamberg Town Justice Walter L. Rooth, after reviewing the woman’s medical records and evidence about this syndrome, dropped the charges against her.

She did admit to having a few drinks before driving, but insisted that she had not consumed enough to have a blood alcohol content of .33 percent.

Following the charges, she went and saw a doctor who treats patients with auto-brewery syndrome.

During her treatment, she was tested with a breathalyzer 18 times when she wasn’t drinking, and often tested above the legal limit. At one point, her blood alcohol content reportedly reached .40 percent.

The Eerie County District Attorney’s Office plans to appeal the judge’s decision.

 

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