Harrisonburg DWI DUI Lawyer Bob Keefer: The smell of alcohol on a person's breath does not always mean the person consumed alcohol.
From Defending DUIs in Washington, 3rd:
At this point it should be noted that the presence of alcohol in an individual’s breath does not mean that the individual has actually consumed alcohol. “[S]everal investigators have confirmed the presence of ethanol in samples of blood and breath from healthy abstaining subjects.”[1] The concentrations observed display “large inter-individual variations.”[2] Although the origins of endogenous ethanol and its biological significance are not fully understood,[3] one mechanism for the production of alcohol in the body is well documented: fermentation of carbohydrates in the gut.[4] Candida Albicans, a yeast, “is one of the normal flora in the human gastrointestinal tract.”[5] Under the right conditions, C. Albicans ferments carbohydrates into ethanol in the gut.[6] The effect can be severe in individuals with certain gastrointestinal disorders, even causing noticeable intoxication.[7] This phenomenon is known as “autobrewery syndrome.”[8] It can result in breath alcohol concentrations as high as .25 g/210L.[9] Given the significance of these effects, both “toxicologist and forensic scientist should be aware of the significance of the syndrome.”[10] “All those concerned with alcohol intoxication…must bear this syndrome in mind and should consider mycological examination as well as sensitive biochemical analysis.”[11]

RSS Feed