Most of us learned, either in junior high or high school, about blood typing and that while everyone has blood in their body not all blood is the same. The blood that pumps through your veins and arteries is unique to you, and if you lose blood you must receive transfusions of only a certain type. The most common type of blood is O, known as the universal donor. Medical care professionals are required to take special care when giving blood to a patient, to be certain the type of blood given will not cause medical problems to the recipient. Besides type O, the other types of blood are A, B, and AB. But is it possible to have 5th type of blood, or at least a condition that affects how alcohol is measured in your bloodstream?

It seems the answer to this bizarre question is “yes”. A 35 year old teacher from Western New York recently made headlines when her DUI case was dismissed for this very reason. As it turns out, the woman has a condition that allows her body to transform ingested food into alcohol! The important facts of this case include:

  • The driver was arrested after her BAC was a shocking .33%, which is more than 4 times the legal limit in New York.
  • The unique defense, that the woman’s body actually “fermented” food as it was digested was introduced for the first time in the state.
  • The condition is known as Auto Brewery Syndrome, and is rare.
  • Given this scientific evidence, the Judge dismissed the charges.

It is unlikely that a large percent of the population suffers from this affliction, but it is not unlikely that scientific evidence can be helpful when defending a DUI charge. In some cases, the breath test result is not scientifically sound, due to other factors such as how well the machine has been maintained or the existence of other substances in the driver’s system. The type of defense you put on depends on the facts of your case, and we are here to help you come up with a strategy that fits. Call one of our skilled DUI defense attorneys  today for help.

If you have questions about criminal defense, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.