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.
â€œShe can register a blood alcohol content that would have you or I falling down drunk, but she can function,â€ Mr. Marusak said.
Marusak went on to say that this case is â€œone of the strangest cases Iâ€™ve ever been involved with in more than 30 years as a lawyer.â€
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 wasnâ€™t drinking, and often tested above the legal limit. At one point, her blood alcohol content reportedly reached .40 percent.
The Eerie County District Attorneyâ€™s Office plans to appeal the judgeâ€™s decision.