Auto-Brewery Syndrome - a new defense for DUI???

Saw this story online a couple weeks ago…DUI lawyers take note…

Hamburg, New York police got some calls in late December about a Toyota Corolla weaving all over the local roads. Officer Daniel Gallardo was on duty and soon spotted the car and pulled it over. The driver of the car[who was never identified] smelled like booze, was slurring her speech and had glassy eyes. Although she was able to recite the alphabet, she had trouble with other aspects of some field sobriety tests. A breathalyzer test was administered and came back at .33 – more than 4 times the legal limit. So the driver was hit with DUI charges.

Now, here is where it gets interesting. The driver admitted to having 3 drinks earlier in the day while visiting family. Her lawyer, Joseph Marusak, thought it her BAC was high, even assuming the three drinks. So he did some research and came across Dr. Barbara Cordell in Texas. Dr. Cordell has published studies on “Auto-Brewery Syndrome” – a very rare disorder where the body turns ordinary food and drink into alcohol. Cordell directed Masurak to Anup Kanodia M.D. an Ohio doctor who has treated the condition. Masurak got his client into see Dr. Kanodia who ran some tests. He observed the driver over extended periods when she did NOT have any alcohol. When Kanodia obtained BAC readings – they were all sky high – even with no booze. Kanodia then froze the samples and retested the hours later – and the BAC was still high. Dr. Kanodia thinks that individuals with Auto-Brewery Syndrome are able to function with elevated BAC because their bodies eventually get used to high BAC. Marusak got the DUI charges dismissed[although the state vowed to appeal]. Kanodia noted that he is working with some other attorneys throughout the United States and Canada who think their clients have Auto Brewery Syndrome. Kanodia also noted that only 50-100 people have been diagnosed with the condition.

Great work by Attorney Masurak.