photo: larry&flo

In Utah, it may be possible to accurately fail a Blood Alcohol Concentration (BAC) test without consuming any alcohol. Recent medical studies have shown that the human body can make alcohol in certain situations, creating an actual level of alcohol in their body. Such a study was performed at the Union Memorial Hospital in Baltimore, MD, the research summary can be found here. Many Japanese scientists have also studied this effect naming it the “Auto-Brewery Syndrome”.  According to the studies patients with bowel abnormalities can develop a yeast overgrowth in their body that ferments carbohydrates. The fermentation is what creates the alcohol, similar to the actual brewing of beer. In some cases the level of alcohol created within the body is enough for the person to be considered legally intoxicated. In some studies the patients generated enough alcohol in their body to emit an odor very similar to that of beer. A person with Auto-Brewery could be driving and unaware of their health problem. If pulled over by a police officer and charged with a DUI a person with this medical condition should be defended by a qualified Utah criminal trial attorney especially as the law is not clear on violation and punishment in the case of the Auto-Brewery Syndrome.