Fort Collins DUI Lawyer & DWAI Attorney | Is Auto-Brewery Syndrome an Affirmative DUI Defense?

Learn more about a DUI and DWAI in Colorado.
Learn more about a DUI and DWAI in Colorado.
Image Credit: Pixabay – werner22brigitte

When I started to read a news article about a woman claiming her body brewed its own alcohol, I was quite skeptical. However, it seems to be a real thing – at least real enough to get her out of her Driving Under the Influence (DUI) charge. According to the news report, the woman’s BAC was four times the legal limit, but she had only had four drinks in a 6-hour period.  Apparently after leaving the restaurant, she had gotten a flat tire but was so close to home she decided to just get the car home without changing the flat.  However, she was stopped by the police and when she blew into the breathalyzer, it showed a .40 BAC – even though she wasn’t exhibiting any symptoms related to being drunk. After her lawyer did some more investigating and doctors ran more tests, it was determined the woman has Gut-Fermentation Syndrome which is a rare medical condition. It occurs when “abnormal amounts of gastrointestinal yeast convert common food carbohydrates into ethanol.” Due to this new evidence, the case was dismissed by a judge and the woman just has to monitor her diet. Who knew a body could brew its own beer?

Larimer County DUI Defense Attorney – What is the Definition of Driving Under the Influence?

The Colorado law definition of Driving Under the Influence in Larimer, Boulder, or Grand County – C.R.S. 42-4-1301 – is:

(a) A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence. Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1) (b), C.R.S.; vehicular assault, as described in section 18-3-205 (1) (b), C.R.S.; or any combination thereof.

[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with DUI or DWAI? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]

Roadside Tests for DWAI or DUI in Fort Collins: Lawyers Advise “Just Say No!”

In order to get charged with Driving Under the Influence, a person’s Blood Alcohol Content (BAC) must be .08 or higher. This is determined by a blood test. If you are ever pulled over under the suspicion of DUI or DWAI, we recommend you do not submit to the roadside tests. These tests are all voluntary and are extremely subjective. Fort Collins Police Officers and Larimer County Sheriff Deputies will look for the slightest stumble or any little slip-up to claim probable cause to arrest you. They do not take into consideration that you may be nervous while dealing with an officer of the law and performing on command is not easy. The only time you must submit to a blood test is after an arrest. If the officer feels he or she has probable cause to arrest you for a DUI, you must submit to a blood test, known as expressed consent. If you refuse, you will automatically lose your license.

If you or someone you love has been charged with Driving Under the Influence (DUI) in Fort Collins or Driving While Ability Impaired (DWAI) in Loveland or Estes Park, be smart, exercise your right to remain silent, and contact the best DWAI / DUI defense lawyers from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.