Imagine being pulled over, breathalyzed, and arrested for driving under the influence of alcohol (DUI) without having touched a sip of alcohol. While this may seem farfetched, this is exactly what happened to an upstate New York woman in October of 2014, according to an article published by couriernews.com. Earlier this month, the town judge with jurisdiction over her case accepted her version of events and dismissed the case against her.
According to medical records, the woman has a condition known as auto-brewery syndrome or gut fermentation syndrome, causing her body to ferment carbohydrates into alcohol. According to her attorney, the woman had a blood alcohol content (BAC) of .36 without having consumed any alcohol. In addition, she purchased a breathalyzer machine and registered a BAC of around .20 every night for 18 days.
Other DUI defenses may be available
This relatively rare condition is just one of many potential defenses that could be raised in a DUI case. Some examples of other defenses that may result in the dismissal of a case against an allegedly drunk driver include the following:
- Introducing evidence that any breathalyzer device that was used was not properly calibrated
- Establishing that any signs of intoxication that were observed were actually the result of a medical condition
- Impeaching the credibility of the law enforcement officer that performed the traffic stop
- Arguing that there was not reasonable suspicion to make a traffic stop in the first place
- Establishing that any evidence that was gathered was the result of a search or seizure that violated the 4th Amendment
Whether any of these defenses apply in your case depends on a variety of factors, and an experienced lawyer will be able to fully review the facts of your case and determine how best to proceed.
Call our office today to schedule a free consultation with a New Jersey criminal defense attorney
If you have been accused of driving while under the influence of drugs or alcohol, you should contact an experienced lawyer immediately. An attorney can often raise legal defenses that may have the allegations against you dropped or dismissed ensuring that a DUI conviction will not affect your future. Even in cases where a defense is not available, an attorney can help negotiate a plea agreement with the prosecutor handling your case that does not result in the creation of a criminal record. To schedule a consultation with New Jersey criminal defense lawyer Robert E. DePersia II, call our office today at 856-795-9688 or send us an email through our online contact form.