October 31, 2013 /24-7PressRelease/
-- Strange medical condition causes man to brew alcohol in his intestines
Every year, thousands of people are arrested on drunk driving charges in Ohio. It can be assumed that most of these people had really been driving under the influence, but it's not unheard of that people are wrongfully arrested
and charged for crimes they didn't commit. For whatever the reason, everyone deserves a fair chance to defend themselves.
The Century Council reports that there were 36,528 DUI arrests in our state in 2011. The laws for driving under the influence in Ohio are severe. This is to protect others on the road, as well as to discourage people from making the decision to get behind the wheel intoxicated. But some people may have been arrested for matters that were beyond their control.
Faulty sobriety tests a reason for some arrests
In a strange case reported by Fox News, a man from Texas claimed he was feeling the effects of intoxication without ever having had a drink. When he checked into an emergency room feeling dizzy for no reason, doctors suspected he was a closet alcoholic: He'd tested almost five times over the legal limit for drunkenness, but claimed he hadn't had anything to drink that day. Further tests showed the man had a condition called Saccharomyces cerevisiae or "auto-brewery syndrome," which made bacteria in his intestines convert starchy food into ethanol alcohol, thereby getting the man unwittingly drunk.
The case may seem humorous, but it would be anything but funny if the man were given a sobriety test and arrested for drunk driving. Certain medical conditions can mimic the signs of drunk driving, or even cause a sober person to fail a sobriety test. For example, ABC Action News says that people who have balance or coordination problems often fail field sobriety tests, in which they're required to balance on one leg or walk with one foot in front of the other.
Also, according to the Herald Tribune, some breath tests can be faulty. Several breath test machines in Florida were recently found to be incorrectly calibrated, possibly resulting in thousands of wrongful DUI arrests. And The Poison Review says that in one study, hand sanitizer caused a breath test to report a false positive even when the person taking the test was sober.
Disputing a charge
According to Ohio statutes, those arrested for DUI in Ohio face severe penalties, including:
-License suspension from 6 months to 3 years
-Mandatory jail time of 3 days; maximum 6 month sentence
-Fine of at least $375
The penalties for subsequent arrests are even harsher, which makes it well worth contesting if a person has a medical condition or other reason to believe he or she was wrongfully accused of drunk driving.
If you need to challenge
a breath or sobriety test, it's important to contact an experienced drunk driving defense attorney right away. If it can be proven that you were falsely arrested, you may be able to have your charges lessened or dropped.
Visit us at cleveland-duilawyer.com/