Woman claims body brews alcohol, has DUI dismissed

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jswordy

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A heartwarming story for the new year...

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."

More:

http://www.cnn.com/2015/12/31/healt...-dui-womans-body-brews-own-alcohol/index.html
 
But everyone charged with DUI could reasonably claim AUTO - brewery syndrome (Does it matter whether they are driving a Ford or a Chevy or a Toyota)? Oh wait... I think I misunderstood her defense...::
 
Here is a thought: Why does the source of the alcohol matter? Assuming that the BAC level is an acceptable measure of impairment (which, I should note, the article cited seems to argue against), she was, indeed, DUI.

If one were to argue that it is not her fault due to her condition, and so she should be allowed to drive, what is the argument against issuing a license to a blind person?
 
Interesting situation. My view on this is it is to be treated as a disease.(which it looks like they are).

Lets say you fall asleep at the wheel due to lack of proper rest and hurt/kill someone. You will typically get charged with some type of crime I am sure.

Now lets say you pass out from a heart attack or something. completely different story and not deemed a crime.

This is a tricky situation as it deals with alcohol but if she had no idea she had this disease I don't see how it really is any different. If I had a single drink at a bar and on my way home started to feel like crap I wouldn't assume I have a near death alcohol content. I'd chalk it up to something I ate and just try to get home to lay down. Crazy what some peoples bodies are able to do!
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Now that she knows about the situation she should be examined to determine what she needs to do to safely and legally operate a car.
 
So just have the lady pour 10 ml of water into a beaker, we can donate all of the sorbate packages we don't use, she can mix up a little concoction daily to keep her auto bowel fermentation under control. Problem solved.
 

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