If you are facing a DUI charge but know you haven’t been drinking, you might be wondering how to defend yourself. One rare condition, Auto-Brewery Syndrome, may be relevant to your case. Auto-Brewery Syndrome is a condition wherein ingested carbohydrates are converted into alcohol by fungi in the gastrointestinal (GI) tract. This can result in elevated blood alcohol levels, even without consuming any alcoholic beverages. While rare, it has significant medical and legal implications.
How Does Auto-Brewery Syndrome Work?
In individuals with Auto-Brewery Syndrome, fungi or bacteria in the GI tract ferment carbohydrates and produce ethanol. This process typically occurs after consuming carbohydrate-rich meals. Common fungal agents associated with Auto-Brewery Syndrome include Candida and Saccharomyces, although certain bacteria may also play a role. This can lead to symptoms of intoxication, even if the individual has not consumed any alcohol.
Candida is also the bacterium most responsible for causing fermentation in blood samples tested for alcohol in people who have not been drinking or have not reached a legal alcohol limit.
How to Know if You May Have Auto-Brewery Syndrome
Risk factors for Auto-Brewery Syndrome include prior antibiotic use, diabetes, short bowel syndrome, metabolic-dysfunction-associated steatohepatitis, and a history of inflammatory bowel disease. While some of these conditions are rare, antibiotic use and diabetes are relatively common, which suggests that more people could have Auto-Brewery Syndrome than currently known.
How Is Auto-Brewery Syndrome Diagnosed?
Diagnosing Auto-Brewery Syndrome involves a multi-step process to rule out other potential causes of elevated blood alcohol levels and confirm the condition’s presence.
One important step in diagnosing Auto-Brewery Syndrome is conducting a glucose challenge test. This test involves measuring serum alcohol levels after a controlled glucose load. The protocol for the glucose challenge test involves a 24-hour fast to ensure a baseline negative blood alcohol level. After the fast, the individual is given 200g of glucose, and their blood alcohol level is monitored for the next 24 hours. If the blood alcohol level rises significantly after the glucose load, it suggests the individual may have Auto-Brewery Syndrome.
In some cases, stool testing and endoscopic sampling of the gastric mucosa may be used to identify the specific fungal organisms responsible for Auto-Brewery Syndrome. This information can be helpful in determining the appropriate treatment strategy.
Is There Treatment for Auto-Brewery Syndrome?
Management of Auto-Brewery Syndrome typically involves a combination of approaches, including targeted antifungal therapy, alcohol cessation, a low-carbohydrate diet with nutritional guidance, and probiotics. These interventions aim to reduce the population of fermenting microorganisms in the gut and prevent further episodes of auto-intoxication.
What to Do If You Get a DUI and Suspect You Have Auto-Brewery Syndrome
If you find yourself facing a DUI charge despite not consuming any alcohol, and you suspect you may have Auto-Brewery Syndrome, it is vital to inform your DUI lawyer. They can investigate this possibility and recommend that you arrange for appropriate medical testing to confirm or rule out the diagnosis. Evidence of Auto-Brewery Syndrome, corroborated by medical professionals, could be a strong defense against DUI charges. However, using Auto-Brewery Syndrome as a defense presents its own set of challenges.
For one, Auto-Brewery Syndrome is a rare condition and often misdiagnosed. Convincing a court of its validity in your case requires robust medical evidence. It is essential to demonstrate a clear causal link between your Auto-Brewery Syndrome and the elevated blood alcohol level at the time of the DUI arrest. This may involve a detailed medical history, comprehensive diagnostic testing, and expert testimony from medical professionals specializing in Auto-Brewery Syndrome. Additionally, you may need to provide evidence of any attempts to manage your condition, such as adherence to a low-carbohydrate diet and antifungal medication.
In conclusion, while Auto-Brewery Syndrome is a rare condition, it can have serious legal consequences, particularly in the context of DUI charges. If you suspect you may have Auto-Brewery Syndrome, it is crucial to seek legal counsel from a DUI lawyer experienced in handling such complex medical defenses. They can guide you through the legal process, help you gather the necessary medical evidence, and build a strong defense strategy to protect your rights.
