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What is auto-brewery syndrome?

Posted on in OWI

Some people suffer from the rare condition that turns them into a walking beer factory. These individuals -- when they eat anything that has sugar in it -- suffer from an automatic process by which their bodies convert the food into beer, and this makes them unintentionally drunk. Although it's hard to imagine that it could be true, auto-brewery syndrome is real. Not only that, but in a New Jersey drunk driving case last year, a woman successfully defended against her drunk driving charges because of the condition.

The accused woman claimed that she enjoyed drinking as much as a gallon of orange juice a day, and that she was also a recovering alcoholic. On the night of her arrest, the woman says that she had been sober for nearly a decade, but she also felt drunk. In fact, the woman explained to the jury that she had been feeling strange for approximately a year before her DUI arrest. During the arrest, she blew a level .10 when given a Breathalyzer test.

After the woman later obtained a diagnosis of auto-brewery syndrome, she was able to get her DUI charges reduced. Auto-brewery syndrome results in a patient's digestive tract getting overloaded with yeast that ferments carbohydrate-rich foods. The case could be one of the first examples of the successful use of the "auto-brewery defense. Most sufferers of this condition don't realize they have it until after a negative consequence results.

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Can you get a DUI if you're not moving?

Posted on in OWI

You have a few drinks at the bar and decide to drive home. On the way there, you notice that your car is running out of gas. You pull into a gas station, fill up and then head into the station to pay.

When you come out, a police officer has stopped at the pump next to yours. You feel nervous, so you go back into the building. Then you realize that looks suspicious, so you go back out and head to your car. The officer says hello to you, and you try to casually say hello back, but you stumble over your words.

You get in the car and turn it on. The officer is still watching you, and suddenly the alcohol hits you a little harder. You put your head down on the steering wheel. The motor is running, but the car is still in park. As you look up, the officer walks over and asks you to get out of the vehicle. You wind up getting arrested for a DUI.

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A woman from Muskego who has been convicted of drunk driving five times was recently sentenced to serve a two-year prison term as a result of her fifth drunk driving conviction. The woman was also sentenced to extended supervision for an additional three years.

The incident that led to the woman's most recent OWI conviction happened last Christmas Eve. According to the woman's admission, she drank a "ton" of alcohol that evening because she felt like she wanted to die.

While the woman was in an inebriated state, however, her son came home from his work and called 911. After the son made the call, the woman backed out of the driveway in her vehicle and continued into a culvert on the other side of the street. She was able to free the vehicle and drove away. She soon lost control of the car and struck a tree.

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It's only natural for people to go out to bars, restaurants and parties and needing to get home when the night is done. However, if they've been consuming alcohol, they might be too drunk to drive and not even realize it. Taking to the roads while drunk is unlawful, dangerous and sometimes difficult for drivers to avoid when they're not thinking clearly.

Self-driving cars, however, would eliminate the human element that's to blame for this behavior. The other benefit of self-driving cars is the fact that they would reduce the need for police to go out patrolling for operating while intoxicated (OWI) drivers, and they would eliminate the many harsh consequences of a drunk driving conviction, which include:

  • Losing your license and needing to pay large fines.
  • The risk of imprisonment and jail time.
  • The risk of being charged with negligent homicide or OWI causing injury.
  • The loss of one's license for a year and having one's vehicle impounded for refusing to take a breath alcohol concentration (BAC) Breathalyzer test.
  • The mandatory installation of an ignition interlock system after a first-offense OWI conviction for OWI with a BAC of at least .15 percent, or for a subsequent OWI offense.
  • Having penalties doubled if police catch the driver intoxicated with a minor aged 15 or under in the car.
  • The risk of multiplied penalties if two previous OWI convictions are on the record and the BAC was over .17 percent for the most recent offense.

Unfortunately, self-driving cars aren't here yet, so drivers are advised to be exceedingly careful not to get behind the wheel while intoxicated. However, if you do find yourself accused of an OWI offense -- regardless of whether you were OWI or not -- you may be able to improve your situation by planning a strategic OWI defense.

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An operating while intoxicated (OWI) offense in Wisconsin could mean serious consequences in the event of a conviction. If it's a first offense, the punishments will be less severe than subsequent offenses.

Here is what you can expect if you're convicted:

  • You will be required to pay substantial court costs in addition to a $150 to $300 fine.
  • In the vast majority of cases, you do not have to fear a jail sentence. However, if you were carrying a passenger under the age of 16, you could be sentenced to as many as six months in jail. Jail or prison time could also result if you hurt someone.
  • The revocation of your driving license for six to nine months.
  • In cases where your blood alcohol content (BAC) was at least .15 percent or more, you'll need to install an ignition interlock device in your car.
  • You'll have to submit to an alcohol assessment.
  • You could receive as many as six points on your license.
  • There will be other noncriminal consequences, such as the potential loss of your job (depending on what you do for work) and a sharp increase in your auto insurance premiums.

Just because police arrested you and accused of this crime does not mean you will be found guilty. You will have the opportunity to defend yourself in court. During the course of your criminal defense proceedings, understanding the potential punishments associated with an OWI offense will help you determine the most appropriate strategies to utilize in your legal proceedings.

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