A Belgian man with an extremely rare metabolic condition that causes his body to produce alcohol had a drink-driving charge against him dismissed in court on Monday. The 40-year-old was able to prove that he has auto-brewery syndrome (ABS), a condition that causes carbohydrates in his stomach to be fermented, increasing ethanol levels in his blood and giving signs of intoxication.
Anse Ghesquiere, the man’s lawyer, confirmed the unusual case to AFP after it was reported by Belgian media. Ghesquiere stated that scientists believe the number of ABS cases in the world is underestimated and that only around 20 people globally have been officially diagnosed with the condition. She emphasized that her client provided evidence of his ABS through tests run by three doctors, which led the court to acknowledge factors unforeseen by law in his case and acquit him of the charge.
The man had been pulled over by police in April 2022 after registering breathalyzer readings of 0.91 milligrammes of alcohol per litre and then 0.71 milligrammes a month later. 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, despite protesting that he had not consumed any alcohol, he had previously received a fine and a driving licence suspension in 2019 due to his condition.
Ghesquiere mentioned they were awaiting formal notification of the acquittal and that the prosecution service had one month to appeal if they chose to. At his initial court appearance, the prosecutor requested that he abstain from consuming any alcoholic beverages.
The man, who was unaware of his syndrome until his encounters with the police, is now following a carbohydrate-light diet to avoid producing more alcohol in his stomach.
This unique case highlights how important it is for individuals with rare medical conditions to seek legal representation when facing charges related to their health issues. By providing evidence and educating judges about these conditions, individuals can help ensure fair treatment under the law.
In conclusion, this acquittal serves as an important reminder for those with auto-brewery syndrome or other rare medical conditions not to give up hope when faced with criminal charges related to their health issues. With proper legal representation and evidence, individuals can overcome obstacles and achieve justice despite societal biases or misunderstandings about their condition.