NY Woman Off the Hook for DWI After Rare Medical Diagnosis

A NY woman will not see another day in court after the District Attorney announced he will not appeal the decision by a judge to dismiss charges against a woman with a very rare defense: Her stomach was discovered to be a brewery.

While the District Attorney’s Office had originally filed a notice in December of 2014 to appeal the decision of the Hamburg Judge, the ruling has now been declined. 

The woman’s lawyer, Joseph Marusak, says his client’s blood alcohol level had been documented at four times the legal limit even when she hadn’t had a drink.  The woman was unaware of her condition until after the arrest took place.

In court, her lawyer, Joseph Marusak, submitted medical evidence of his client’s condition that is known as Auto-brewery Syndrome.  “It’s a term for people who actually ferment carbohydrates into alcohol inside their body,” explained Dr. Barbara Cordell, a leading medical researcher of the condition and who assisted in the case. 

She went on to explain that the condition is believed to be caused by high levels of yeast in the gut.  The woman was placed on a low-carbohydrate diet in order get her condition under control.

The woman’s name was not made public after the case was sealed by the judge.