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Could a mysterious illness be the cause of your DUI?

Posted by William Walraven | Jan 05, 2022 | 0 Comments

Imagine this scenario in which one East Coast man unwittingly found himself: Despite not drinking a drop of alcohol, he displayed all the typical signs of intoxication. He became belligerent, slurred his words and even blacked out and didn't remember his words or actions.

Despite his being a teetotaling pastor, his wife accused him of being a closet drinker. When he gave a breath sample, his blood alcohol concentration (BAC) was elevated to a level of legal intoxication. Even his doctors believed him to be an alcoholic.

Medical tests reveal a rare diagnosis

Fortunately, further testing alerted doctors to the relatively rare diagnosis that plagued the pastor — auto-brewery syndrome. In short, his own body was converting the carbohydrates and sugars he consumed into alcohol, and he was drunk without ever drinking. By severely restricting his diet, he was able to control if not cure his condition.  

Could the same circumstances apply to your California DUI?

As previously stated, the condition is quite rare. If that argument is going to form the basis of your defense to DUI charges, you will need legitimate medical records that reflect your auto-brewery syndrome diagnosis. 

Most people charged with driving under the influence will have to look farther afield for a viable defense strategy to challenge their DUI charges in court. There are other paths to explore when fighting back against drunk driving charges. California is very strict when it comes to prosecuting those who drink and drive, so you will need to mount a stalwart defense to the allegations you face.

About the Author

William Walraven

Education Golden Gate University School of Law, San Francisco, California Juris Doctor - 2008 University of California at Los Angeles B.A. - 2000 Major: Psychology Past Positions McGrane LLP, Associate Attorney Trepel, Greenfield, Sullivan and Draa LLP, Associate Attor...


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