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Woman Beats DWI Charge With Claim Her Body Brews Alcohol.
Posted 1/1/16

http://www.nbcwashington.com/news/national-international/Woman-Arrest-DWI-Drunken-Driving-Body-Brewery-Defense-363864051.html
https://www.youtube.com/watch?v=viXeEk8ZKPY
Drunken-driving charges against an upstate New York woman have been dismissed based on an unusual defense: Her body is a brewery.
The woman was arrested while driving with a blood-alcohol level more than four times the legal limit. She then discovered she has a rare condition called "auto-brewery syndrome," in which her digestive system converts ordinary food into alcohol, her lawyer Joseph Marusak said in interviews this week.

A town judge in the Buffalo suburb of Hamburg dismissed the drunken-driving charges this month after Marusak presented a doctor's research showing the woman had the previously undiagnosed condition in which high levels of yeast in her intestines fermented high-carbohydrate foods into alcohol.

The rare condition, also known as gut fermentation syndrome, was first documented in the 1970s in Japan, and both medical and legal experts in the U.S. say it is being raised more frequently in drunken-driving cases as it is becomes more known.
"At first glance, it seems like a get-out-of-jail-free card," said Jonathan Turley, a law professor at George Washington University. "But it's not that easy. Courts tend to be skeptical of such claims. You have to be able to document the syndrome through recognized testing."
The condition was first documented in the U.S. by Barbara Cordell of Panola College in Texas, who published a case study in 2013 of a 61-year-old man who had been experiencing episodes of debilitating drunkenness without drinking liquor.
Marusak contacted Cordell for help with his client who insisted she hadn't had more than three drinks in the six hours before she was pulled over for erratic driving Oct. 11, 2014. The woman was charged with driving while intoxicated when a Breathalyzer test showed her blood-alcohol content to be 0.33 percent.
Cordell referred Marusak to Dr. Anup Kanodia of Columbus, Ohio, who eventually diagnosed the woman with auto-brewery syndrome and prescribed a low-carbohydrate diet that brought the situation under control. She is currently free to drive without restrictions.

During the long wait for an appointment, Marusak arranged to have two nurses and a physician's assistant monitor his client for a day to document she drank no alcohol, and to take several blood samples for testing.
"At the end of the day, she had a blood-alcohol content of .36 without drinking any alcoholic beverages," Marusak said. He said the woman also bought a Breathalyzer and blew into it every night for 18 days, registering around .20 every time. The legal threshold for drunkenness in New York is 0.08.
While people in cases described by Cordell sought help because they felt drunk and didn't know why, Marusak said that's not true of his client.
"She had no idea she had this condition. Never felt tipsy. Nothing," he said.

Marusak submitted medical evidence of his client's condition to the judge, who dismissed the DWI charges Dec. 9.
Assistant Erie County District Attorney Christopher Belling said the matter is being reviewed and his office doesn't comment on open cases.
Marusak declined to name the woman, citing medical confidentiality laws. He said the case has been sealed since the charges were dropped. The Buffalo News described her as a 35-year-old school teacher, and quoted the arresting officer as saying she had bloodshot eyes, slurred speech, and failed several field sobriety tests.

Turley noted that auto-brewery syndrome was only a valid defense in this case because the woman was unaware she had it. He said courts have long recognized that people who know they have medical conditions can be found liable for failing to take reasonable measures in light of that knowledge.

Kanodia, the Ohio doctor, said two DWI cases where auto-brewery syndrome is being used as a defense are currently being tried in Texas and Oregon.


So is a super power to make alcohol?
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Posted 1/1/16
You can literally be an unwilling alcoholic.
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23 / M / Places
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Posted 1/1/16
It.... It makes sense, and if she really has it then it wasǹt her fault. However she should have to have some sort of medicine / diet to help ease it if possible and some kind of breathalyzer deal to drive. Is it unfair? Maybe, but sometimes that is a part of being ̂sick̂.
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Posted 1/1/16
Is there a way she could take advantage of this, sounds like a nice way to make money off free alcohol.
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27 / M / America
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Posted 1/1/16 , edited 1/2/16

ILuvCats11 wrote:

Is there a way she could take advantage of this, sounds like a nice way to make money off free alcohol.


Anyone made the connection yet that Jesus may have had this condition? After all, we supposedly drink the "Blood of Christ" at mass.
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Posted 1/1/16

Mirai_Maku wrote:


ILuvCats11 wrote:

Is there a way she could take advantage of this, sounds like a nice way to make money off free alcohol.


Anyone made the connection yet that Jesus may have had this condition? After all, we supposedly drink the "Blood of Christ" at mass.


Soooo the question left is, which body part is it?
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32 / M / Floridamned
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Posted 1/1/16
That sounds odd and unfortunate. It's news to me. The problem with drunken driving though isn't that the person has had too much alcoholic drinks. It's that they're driving drunk! The article mentions this seems to be only an acceptable defense in previously undocumented cases, but that doesn't make it less irresponsible.

If you're feeling impaired, be it by unknown drunkenness, sleep deprivation, reckless passengers, or sudden uncontrollable desires to text, you shouldn't be driving in those conditions.
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46 / M / Chapel Hill, N.C
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Posted 1/1/16
This sounds more messed up than "Seikon no Qwaser".
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Posted 1/1/16
It's true, but........my understanding is that you have to be an alcoholic in order for your body to start brewing yeast on it's own....

I could be wrong in my understanding of how this becomes true.

Who would want that "superpower" anyway, it sounds like a pain. It takes your choices away. I mean, what if you don't WANT to be drunk all the time? What if you want to choose when to be drunk and when not to be? And you can't?

I wouldn't want that.
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34 / F / In a van down by...
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Posted 1/1/16
Well goddamn...


I have yeast in my system. Does that mean I'm a walking bakery?
Posted 1/1/16 , edited 1/1/16

rabbitofcaerbannog wrote:

This sounds more messed up than "Seikon no Qwaser".


Oh, common that anime was a masterpiece.
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Posted 1/2/16

KarenAraragi wrote:


rabbitofcaerbannog wrote:

This sounds more messed up than "Seikon no Qwaser".


Oh, common that anime was a masterpiece.


I do like ecchi but that show was a little too freaky when it came to that fetish.
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Posted 1/2/16 , edited 1/2/16
yeah so she has to eat living mushroom to make this work?
or else how did she get the alcohol? (she was drinking before just admit it!)
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Posted 1/2/16
It is a real condition, and has been around for quite some time. It's just very rare.
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Posted 1/2/16
? Seems to me, the yeast has to get in there somehow, perhaps through her diet.
But in any case, your body actually does produce alcohol. Alcohol is only bad for your brain cells, which do not produce it and have no means to process it, which is why drinking alittle alcohol here and there won't hurt you. And I imagine if the lady was fat, her body would have distributed the alcohol enough to where no toxic level would have reached her brain. That said, bizarre case, but nothing to be alarmed about.
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