- Woman in upstate New York was charged with DUI hours after her last drink
- She discovered she has rare condition where body brews its own alcohol, her attorney says
- Attorney says ran test to show that woman's blood alcohol level rose even when she wasn't drinking
(CNN)Imagine being charged with a DUI when it's been hours since you've had a drink, only to later discover that your body brews its own alcohol.
That's what happened to an upstate New York woman when she blew a blood alcohol level more than four times the legal limit. Just before Christmas in Hamburg, New York, a judge dismissed the charges after being presented with evidence the woman suffers from "auto-brewery syndrome."
"I had never heard of auto-brewery syndrome before this case," attorney Joseph Marusak told CNN on the condition his client's identity remain anonymous. "But I knew something was amiss when the hospital police took the woman to wanted to release her immediately because she wasn't exhibiting any symptoms."
"That prompts me to get on the Internet and see if there is any sort of explanation for a weird reading," adds Marusak. "Up pops auto-brewery syndrome and away we go."
"I'm in touch with about 30 people who believe they have this same syndrome, about 10 of them are diagnosed with it," said Panola College Dean of Nursing Barbara Cordell, who has studied the syndrome for years. "They can function at alcohol levels such as 0.30 and 0.40 when the average person would be comatose or dying. Part of the mystery of this syndrome is how they can have these extremely high levels and still be walking around and talking."
Extremely rare condition
Also known as gut-fermentation syndrome, this rare medical condition can occur when abnormal amounts of gastrointestinal yeast convert common food carbohydrates into ethanol. The process is believed to take place in the small bowel, and is vastly different from the normal gut fermentation in the large bowel that gives our bodies energy.
First described in 1912 as "germ carbohydrate fermentation," it was studied in the 1930s and '40s as a contributing factor to vitamin deficiencies and irritable bowel syndrome. Cases involving the yeast Candida albicans and Candida krusei have popped up in Japan, and in 2013 Cordell documented the case of a 61-year-old man who had frequent bouts of unexplained drunkenness for years before being diagnosed with an intestinal overabundance of Saccharomyces cerevisiae, or brewer's yeast, the same yeast used to make beer.
Flat tire a blessing
It was a beautiful fall afternoon in 2014 when Marusak's client met her husband at a restaurant for food and drinks. She consumed "four drinks between noon and 6 p.m." says Marusak, "less than one drink an hour. We hired a local pharmacologist who said that a woman of her size and weight having four drinks in that period of time should be between 0.01 and 0.05 blood alcohol levels." That would be beneath the legally impaired level of 0.08 BAC in New York state.
And here's the "crazy thing," says Marusak. "Her husband drives to meet friends and she is driving home. She gets a flat close to home but doesn't want to change the tire so keeps on driving. Another driver sees her struggling with the car and calls it in as an accident. So if she hadn't had that flat tire, she'd not know to this day that she has this condition."
Because she blew a blood alcohol level of nearly 0.40, police procedure is to take the accused to a hospital, as that level is considered extremely life-threatening.
Instead of allowing his wife to be released as the hospital recommended based on her lack of drunken symptoms, the husband asked for tests to be run. Sure enough, Marusak says, the results showed a blood alcohol level of 0.30, hours and hours after her last drink. That prompted Marusak to do his own sleuthing.
"I hired two physician assistants and a person trained in Breathalyzers to watch her and take blood alcohol levels over a 12-hour period and had it run at the same lab used by the prosecution," said Marusak. "Without any drinks, her blood level was double the legal limit at 9:15 a.m., triple the limit at 6 p.m. and more than four times the legal limit at 8:30 p.m., which correlates with the same time of day that the police pulled her over."
Even more strange, says Marusak, is the fact that the woman exhibited no signs of the levels until she reached a blood alcohol level of between 0.30 and 0.40.
"That's when she started to feel a bit wobbly on her feet." Marusak explains that by pointing to the world of alcoholism, where the bodies of "functioning alcoholics" adapt to the high levels of booze in their blood.
Even though the Hamburg judge dismissed the case against his client, Marusak says it's not over yet.
"I've heard the DA's office says they plan to appeal. I'll know more by the middle of January."
Assistant Erie County District Attorney Christopher Belling confirmed a review of the judge's decision is underway but declined to comment further.
In the meantime, Marusak's client is treating her condition with anti-fungal medications and a yeast-free diet with absolutely no sugar, no alcohol and very low carbs. While that works for some, Cordell says, others relapse or find little relief.