A man from Belgium was acquitted of drink-driving charges on Monday due to his rare metabolic condition that causes his body to produce alcohol. The 40-year-old man had been arrested in April 2022 after registering high breathalyzer readings of 0.91 milligrammes of alcohol per litre and then 0.71 milligrammes a month later, despite protesting that he had not consumed any alcohol.
The legal limit in Belgium is 0.22 milligrams per litre of air exhaled, equivalent to a blood alcohol level of 0.5 grams per litre. However, this man was charged with drink-driving because his breathalyzer readings were above the legal limit. Despite receiving a fine and a driving licence suspension in 2019 due to his condition, the man remained unaware of it until his encounters with the police.
It was only when he underwent tests by three doctors that he was officially diagnosed with auto-brewery syndrome (ABS), a rare condition that causes carbohydrates in the stomach to be fermented into ethanol, increasing the levels of alcohol in the blood and causing signs of intoxication. His lawyer, Anse Ghesquiere, confirmed this unusual case to AFP after it was reported by Belgian media.
Scientists believe that there are more cases of ABS than officially diagnosed globally, and only around 20 people have been officially diagnosed with the condition worldwide. The court acknowledged that factors unforeseen by law played a role in this case and acquitted him of the charge due to evidence presented by his lawyers regarding his condition.
Ghesquiere stated that her client now follows a carbohydrate-light diet to avoid producing more alcohol in his stomach, but they are waiting for formal notification of the acquittal before making any further decisions about his future actions regarding his condition.
The prosecution service has one month to appeal if they choose to do so.
In conclusion, this case highlights how important it is for medical professionals and law enforcement officials to understand rare medical conditions like auto-brewery syndrome (ABS) when making judgments related to criminal charges involving alcohol consumption or driving under its influence. It also underscores the importance of seeking medical attention if you experience symptoms like slurred speech or difficulty walking after consuming food or drinks containing carbohydrates.
The acquittal granted on Monday is not only a victory for this individual but also serves as an important reminder that individuals with rare medical conditions deserve special consideration when it comes to legal proceedings involving alcohol consumption or driving under its influence.