In a landmark court case, a Belgian man with an extremely rare metabolic condition that causes his body to produce alcohol had a drink-driving charge against him dismissed 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.
His lawyer, Anse Ghesquiere, 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 landmark case sets an important precedent for individuals with rare medical conditions who may face discrimination or legal penalties due to their health status. It also highlights the need for greater awareness and understanding of such conditions among law enforcement officials and society at large.
The man’s acquittal serves as a reminder that every individual’s circumstances are unique and should be considered when making decisions about their life or freedom
