Auto-brewery syndrome (gut fermentation syndrome) is an unusual medical condition in which potentially intoxicating quantities of alcohol (ethanol) are produced through endogenous fermentation within the digestive system (aka “gut”) by a yeast called Saccharomyces cerevisiae or a diploid fungus, yeast, and filamentous cells called Candida albicans. While the condition sounds to some like a joke or an excuse for DUI, auto-brewery syndrome is a very real– albeit rare– medical phenomenon. Because the yeast thrives on sugar an carbohydrates, treatment for the disorder typically consists of use of antifungal drugs and a low-sugar and low-carbohydrate diet. However, if a person doesn’t know they have this condition, they may not take steps to address it.
Auto-brewery Syndrome in the Media
In early 2014, The Mad Science Blog published a blog post that efficiently summarized the science of auto-brewery syndrome. Later in 2014, ABC News’ “20/20” ran a story titled, “Drunk Without Alcohol: Strange Condition Ferments Food in Gut” on auto-brewery syndrome. Techinsider.io and BuzzFeed reported on the phenomenon in 2015, and Bustle also reported on it in early 2016. Most media reports on auto-brewery syndrome focus on the novelty and received humor of the medical condition, and the legal defenses it presents (or appears to present). However, for people who actually suffer from the condition, it’s anything but humorous. It’s alarming, frustrating, anxiety-causing, and dangerous. It can also lead to very expensive medical and legal problems.
Is auto-brewery syndrome a defense to DUI in Oregon?
Probably not in most cases. Law enforcement typically takes the position that the amount of ethanol produced by auto-brewery syndrome is in concentrations far too low to have any forensic or medical significance. However some people report BACs of 0.12 after simply eating sugar and carbohydrates. Other people report functioning at 0.30 and 0.40 BACs when the typical person would be comatose or dying at such levels.
According to the Oregonian, auto-brewery syndrome has been used as a defense in New York, Texas, and even in Oregon. The Register-Guard reports that Ray C. Lewis was charged with DUI in 2014 and accused of having a BAC of 0.29. The defendant was prohibited from presenting evidence of his auto-brewery syndrome and was ultimately convicted.
Part of the reason that a DUI defendant in Oregon would have difficulty using the condition as a defense is because of Oregon’s DUI statute. There is no mental element for DUI in Oregon. For example, a driver doesn’t have to intend to drive under the influence of intoxicants, have knowledge that they are driving under the influence of intoxicants, or even recklessly drive while under the influence of intoxicants. Oregon’s DUI statute is what we call a “strict liability crime” and it doesn’t matter what the driver intended. Oregon also has a uniform jury instruction given to jurors by the Court which says that a driver with a physical condition that makes the driver more susceptible to intoxication and being under the influence can be considered by the jury. This makes things worse for the driver who has a physical or medical condition that makes them more likely to be under the influence of intoxicants (e.g. someone who can’t hold their liquor, or a woman with a slim build vs. a large man).