If you have not consumed any alcohol but were cited for driving under the influence (DUI), there is a possibility that you suffer from a medical condition that can lead to false blood alcohol results. Auto-brewery syndrome is a real condition that you could potentially rely on to fight a DUI charge. If you believe you suffer from the condition, here is what you need to know.
Why Does Auto-Brewery Syndrome Cause False Results?
Auto-brewery syndrome is the result of an abundance of yeast being trapped in your digestive system. The condition causes the carbohydrates from the yeast to convert into alcohol. Whenever you eat something with high levels of starch, your body can convert it into ethanol and cause you to appear under the influence of alcohol.
The blood alcohol results received from a breathalyzer are not necessarily false. Due to the fermentation that occurred in your body, you can test positive for high levels of alcohol. You can even exhibit the signs of drunkenness, including dizziness, without realizing it.
The condition is treatable through avoiding carbohydrates, yeast, alcohol, and sugar. You might also have to take anti-fungal medications to help keep the yeast at low levels.
Can You Use the Condition for a Defense?
Arguing that you have auto-brewery syndrome can be tricky, but it is possible to cite the condition for a failed blood alcohol test. In order to use this defense, you will have to prove you have the condition.
One of the first steps you need to take is to get an official diagnosis. Your doctor will need to detail the tests that he or she used to determine that you have the condition and the treatment that you received for it.
Once you have a diagnosis and have started treatment, your attorney can request a dismissal of the charges. With the help of the medical evidence provided by your doctor, it is possible that the prosecutor agrees that the charges should be dropped.
However, if the prosecutor refuses to drop the charges, your case could be headed to court. At that point, your DWI attorney might call on a medical expert to help explain the details of the condition to the judge and jury and to detail how it impacts a blood alcohol test.
There are other medical conditions that could potentially cause a false result in a blood alcohol test. If you believe that auto-brewery syndrome or another condition is responsible for your failed results, talk to your attorney. He or she can explore the medical possibilities with you and develop a defense strategy for court.