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Auto Brewery Syndrome as a DUI Defense

St. Petersburg Family Lawyer  >  Criminal Defense Blog and Legal Resources  >  Auto Brewery Syndrome as a DUI Defense

March 2, 2018 | By Rohom Khonsari
Auto Brewery Syndrome as a DUI Defense

Under Florida law, if a police officer stops you and your blood alcohol concentration (BAC) is determined 0.08 percent or higher after taking a breathalyzer test, the officer will arrest you for drunk driving. The BAC threshold is even more stringent for minors (those who are younger than 21) and commercial drivers holding a CDL license. Fortunately for drivers, a myriad of legal defenses may help to eliminate or lessen the consequences of a DUI charge or conviction.

Auto-brewery syndrome is one of the newest defenses on the books and has worked successfully in some drunk driving cases. The syndrome is rare, but recent evidence suggests that it can serve as a valid legal defense to a Florida drunk driving charge. Such was the case with “Sara”—a Midwestern attorney who successfully used the defense to obtain a dismissal of her drunk driving charge.

A drunk driving charge or conviction is not a pleasant experience. Much of this distress comes with the knowledge that a conviction could land you in jail, or at best, result in a hefty fine. The knowledgeable DUI defense lawyers at Khonsari Law Group can meet with you to discuss your case and may help you formulate one or more good legal defenses to your charge. Our lawyers may also help you reach a favorable plea deal with the prosecution or minimize the consequences of a DUI conviction.

What is Auto-Brewery Syndrome?

Auto-brewery syndrome is an extremely rare but real medical condition in which the digestive tract of a person who suffers from auto-brewery syndrome actually ferments high-carbohydrate foods into alcohol. These high-carbohydrate foods usually consist of breads, as well as foods that contain a lot of sugar, like fruit.

Symptoms of Auto-Brewery Syndrome

Dr. Anup Kanodia, an Ohio specialist and researcher who has diagnosed 25 patients with auto-brewery syndrome since 2013, says that when eating high-carb foods, some of his patients suffer from symptoms like:

  • Tipsiness
  • Drunkenness or catatonic stupor
  • Hangover symptoms, including severe headaches
  • Memory gaps

Switching their diets from high-carb foods to diets consisting of primarily meats and vegetables largely relieved these individuals’ symptoms.

Dr. Kanodia and other experts are continuing to investigate the symptoms of the disease and are also trying to determine whether or not the body can actually trigger alcohol production. Experts also agree on the need for solid evidence to keep the disorder from acting as an excuse for criminal behavior.

Call a St. Petersburg DUI Defense Lawyer Today for a Free Initial Consultation

If you are charged with a DUI, the knowledgeable lawyers at Khonsari Law Group may be able to represent you throughout your entire criminal case. To schedule a free consultation and case evaluation with a St. Petersburg, Florida, DUI defense lawyer at Khonsari Law Group, please call us at (727) 269-5300 or contact us online.

Rohom Khonsari Author Image

Rohom Khonsari

Lawyer

Mr. Khonsari founded and is principal/partner of the Khonsari Law Group. With experience in both criminal and civil law, Mr. Khonsari built the law firm with the standard of doing everything possible for each and every client. With over forty jury trials, he has used his trial advocacy in successfully representing clients charged in criminal court and also those who have cases in the civil realm.

Author's Bio

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