A Belgian man with a rare metabolic condition that causes his body to produce alcohol has had a drink-driving charge against him dismissed in court.
The 40-year-old man was able to prove that he has auto-brewery syndrome (ABS), a condition that causes the carbohydrates in his stomach to be fermented, leading to increased ethanol levels in his blood and symptoms of intoxication.
His lawyer, Anse Ghesquiere, confirmed the unusual case to AFP after it was reported by Belgian media. She stated that scientists believe the number of ABS cases worldwide is underestimated, with only around 20 people currently diagnosed.
Ghesquiere emphasized that her client, whose identity has not been disclosed, provided evidence of his ABS condition through tests conducted by three doctors. The court acknowledged that unforeseen factors applied to the man’s case and acquitted him of the charge.
The man had been pulled over by police in April 2022 and registered breathalyser readings of 0.91 and 0.71 milligrams of alcohol per liter. The legal limit in Belgium is 0.22 milligrams per liter of exhaled air, corresponding to a blood alcohol level of 0.5 grams per liter.
Prior to his latest encounter with the police, the man had received a fine and a driving license suspension in 2019 despite protesting that he had not consumed any alcohol. He was reportedly unaware of his condition until this recent incident.
Ghesquiere and her client are awaiting formal notification of the acquittal. The prosecution has one month to file an appeal if it chooses to do so. In the meantime, the man is following a low-carbohydrate diet to minimize alcohol production in his stomach.
