A trucker who was convicted of a DUI claims that he hadn’t had anything to drink and blames his blood alcohol content on an unusual cause – he claims that his body makes its own alcohol.
After Ray C. Lewis, a driver for the Oregon Department of Fish and Wildlife, overturned his truck hauling a load of 11,000 young salmon because he swerved to avoid hitting a deer, police tested his blood alcohol content (BAC). It returned as a 0.29 despite the fact that Lewis claimed he hadn’t had any alcohol that day.
A doctor who examined Lewis later couldn’t believe that his BAC had been so high. To achieve that level, an average adult male would have to consume more than a dozen drinks in less than an hour. When the doctor ordered a retest though, Lewis still had a BAC of 0.26.
Lewis claims the reason for his abnormally high BAC is that he suffers from a rare condition known as auto-brewery syndrome. People with ABS have increased levels of gastrointestinal yeast which causes the body to convert carbohydrates into ethanol which can intoxicate them.
Before the accident, Lewis had no idea that he had ABS, but after the inexplicable results, a friend suggested that he look into it. That’s when Lewis saw a doctor who diagnosed him and he tried to use his condition as a defense in the lawsuit against him.
His wife bought a breathalyzer and would test him whenever he seemed strange. Over the course of a few weeks, he would blow anywhere from 0.02 to a 0.14 without having consumed any alcohol.
Unfortunately for Lewis, the judge would not allow the evidence of Lewis’s condition to be used in court. The attorney general also argued that whether or not Lewis was intoxicated by accident or on purpose, he was still driving under the influence of alcohol.
Lewis was convicted of the DUI charge and now is appealing the decision. If he loses, he will be put on probation for two years, have his license suspended for a year, be required to attend alcohol counseling, complete 112 hours of community service, pay approximately $10,000 in fines and court fees and pay $375,000 in restitution for the truck.
Source: nrtoday, statesmanjournal, registerguard
Danelle says
Ok, I understand he was still intoxicated. But how can he be held responsible financially for something he was unaware of? For future reference he should be held accountable for monitoring his condition before driving ANY vehicle. But how can they treat him like an alcoholic who made a choice to drive intoxicated when he was unaware of his medical condition? If you’re insane you are found not guilty, how is this different?
Keith says
We are talking about Oregon. They specialize in seeing just how far they can push stupidity.
Fnordz says
It will become a question of “should he have known” – is this truly the first time, or has it happened before? Didn’t he feel the effects of intoxication, and still decide not to pull over and stop driving?
Things of that nature. I think that’s what they can nail him on, regardless of whether or not he has the rare condition. Even if he does, he still should have known if he wasn’t “normal” – and with a BAC that high, he definitely should know he’s not able to drive safely and should pull over until he figures out what was wrong. If I felt intoxicated while driving and couldn’t figure out why, I sure wouldn’t keep going… I would pull over and possibly call 911 thinking I had some sort of allergic reaction or SOMETHING going on with my body.
David says
If you’re an alcoholic you develop alcohol tolerance. If he has had this as a lifelong condition he may have developed alcohol tolerance meaning that he would not feel any different and then he would not have known.
WayneO says
Why did his wife buy a breathe analyzer if this condition was unknown to him? Busted!!!
Michele crossley says
They said she bought it and tested him after this incident
Bill says
After he was diagnosed dummy
T B says
She got it after they found out
Jeff Pearson says
You dont think something is wrong with you if you blow a . 29? You would have problems walking let alone operate a motor vehicle.. There is that clause in the FMCSA safety book about operating a truck if your sick.. And yes this guy broke the regulations for being sick.. And yes he should pay for the damage to the truck.. He knew he was incapacitated.. Insane people think everything is just wonderful and most dont know they are sick..
Michael says
No I have a rare condition also although mine is different I am so used to the symptoms I didn’t find out I had the condition until I had a weird extra symptom pop up on my 30th bday. Not going into details but basically it is changing the whole way I have to live my life. This man didn’t wreck Bc of bac but Bc he tried to avoid a deer. This man is getting screwed; must be election time for the da involved.
melissa says
My thoughts exactly. I believe him that he didn’t know, and I’m a skeptic. Show mercy in this case
Jraulpilot says
This case has to be taken all the way to the Supreme Court, and they (the companies involved) know that this will set a Judicial precedent.**Driver; appeal all the way until the last consequences.
Jon mccormick says
This is a medical condition that few common people know of and really until recently even Doctors knew of. He should be able to change his gut bacteria and foods to help and eventually control his condition (maybe reduce 100%). As a CDL holder it is best right now to stay behind a desk until you can sort it out and see what works. Having the alcohol tester on you is pretty smart and I would get a Dr’s decree sent to DOT explaining the situation and carry that resolution on you. As a driver have the responsibility of your vehicle and load and right now with this condition that is uncertain.
= Should rightfully get unemployment and or workers compensation until his medical status is good enough to get back on the job.
James says
The problem is it takes money to fight. Something I’m sure the driver does not have. The problem with the system is the first judge should have ordered further tests in the first place and been done with the litigation at the lowest leval and saved EVERYONE money.
Mario says
Lawyer retainer fee could run into $5k, significant amount of money considering being out of job for months.
Let the weak and poor be eliminated is an overall message to you
sudon't says
“…the judge would not allow the evidence of Lewis’s condition to be used in court.”
Don’t you love our “justice” system, where relevant facts can simply be ignored? They hate it when people won’t cop a plea, and demand a trial. The only way out for this poor guy is if someone like the ACLU takes his case. If they can’t crush you “legally”, they’ll crush you financially. That’s why 95% of people take the plea, guilty or not.
royce says
I wish my body brewed it’s own alcohol.
Pile driver says
Yeah crown royal
Isaac says
Sounds like act of God would be a good defense for this one. I think he has a good chance of getting a retrial after he appeals.
James says
I have researched and read a lot on this condition. It is true that this condition exists. And in most cases, the person doesn’t realize they are intoxicated. They don’t truly feel the effect because it is a suttle change in the body, and/or it’s been happening for a while and the body is used to it. If they can not prove that he actually drank the alcohol and a doctor verifies his condition, then I don’t they can hold him responsible. At the very least, not treat him like an alcoholic sending him to classes for a problem he doesn’t have. There were no injuries or other victims besides the owner of the truck, which I would assume is the state Oregon. Hmmmm courts are ran by the state too? Who gets all that money? The state. Money racket.
Cary says
I guess that removes him from being the “designated driver” when out with his friends !? 🙂
Jim says
Can you say dumb ass truck driver?? Listen up your body doesn’t produce alcohol!! There is no wonder truck drivers work for nothing
Groo says
It is a real medical condition, one that I believe should prevent a person from holding any driver’s license once diagnosed.
Michele crossley says
Yes… your body can produce alcohol thus being a legitimate condition.
Wyatt says
Jim , you are a very bright man ! WOW! ??
Larry says
Do a search on ‘auto-brewery syndrome’ and see for yourself if this can happen or not
Groo says
He should have known he was not feeling fit to drive safely, but maybe cut him some slack. If he is continually running .02+, he obviously can not drive a commercial vehicle ever and how did he pass the pre-employment alcohol screening That has always accompanied peeing in the cup for me? Making him attend alcohol counselling would be stupid.
PC says
http://abcnews.go.com/Health/constantly-drunk-alcohol-strange-condition-ferments-food-gut/story?id=24964988
Bob says
Opportunity knoks!
He’s from Oregon, there are micro breweries all over the place there.
He’s a trucker so he’s already pissing in bottles anyways.
Now he just needs to piss in 12oz bottles and label them.
“Trucker Piss Pilsner”
Tim says
Just because severe DUI laws happen to exist doesn’t excuse people with this condition from making responsible decisions.
Payload aside, there’s too much fishiness here. Has this guy never taken a drink in his life? I’ve done my share and know how my reasoning brain would react to the combination of experiencing the effects of “more than a dozen drinks in less than an hour” and driving a large commercial vehicle at the same time.
I met another driver once who claimed he had this same medical problem. Anyone with it needs to take it into account themselves when they seek employment. Unless this guy happened to have it come on suddenly for the first time ever right before he swerves to miss a deer—an overwhelmingly fishy coincidence—he doesn’t have much if any legal leg to stand on if you ask me.
Tim says
Okay so I just read the comment above about not knowing you’re drunk when you have this condition. I’ll walk my comment back a little based on this consideration and say that it’s possible he should be ruled innocent of DUI, especially considering the accident only resulted in property damage.
Maybe some good would come out of this case if our law-happy society decided to write some laws against swerving to miss deer. They’d be hard to enforce but as we all know, people shouldn’t be swerving to miss animals.
Tim says
…besides something huge like a moose or elk, anyway.
sudon't says
Depends on what you’re driving. Deer will destroy a car, and have a good chance of coming through the windshield. Trucks have a big enough grill to catch them. Nevertheless, it’s difficult not to react, and this type of thing rarely gives you time to think. Trust me, I know from experience.
Bruce Campbell says
I really like Oregon. That stretch of highway 84 along the river is beautiful.
Jim says
ABS? That must stand for All Bull S***. Come on, really? Your body makes its own alcohol? I can make up a better excuse than that! I get it, you’re going to use any lie you can think up in order to beat the rap. Just don’t insult our intelligence! I have to call BS on this one!
Mark says
You might want to read up a little before jumping to conclusions. It is a documented condition, and this woman proved it.
http://www.slate.com/blogs/the_slatest/2015/12/30/judge_dismisses_new_york_woman_s_dwi_because_her_body_brews_its_own_alcohol.html
Trev says
He would have likely been better off to hit that damn deer! 😉
It likely would have been way less damage than flopping the truck in the ditch. My company says to take the hit if there is an animal in your path and you can’t stop in time rather than trying to swerve to avoid it and putting the rig in the ditch because if you hit the deer there is proof. If you say you swerved to miss the deer and roll the truck the company is going to question whether there actually was a deer and if you didn’t fall asleep, etc. And as others have mentioned how was this condition not detect on pre-employment drug and alcohol testing?! Because if an officer can detect it with their tests than it should have been found in the pee cup too.
It will be interesting to see where this one goes.
Elton Hammonds says
The driver is just a stupid drunk. Stupid people always think they are smarter than everyone else. He should have just shut up before he further shamed his family’s name.
Jeff Pearson says
I have read where some have a yeast in the gut that will turn carbohydrates into alcohol… If this guy has this problem.. He shouldnt drive anything until he is cured of this.. A drunk is a drunk no matter if its making it.. Or drinking it..
Pvan says
There is condition called ketosis that gives false positives. It is doubtful that you could brew enough alcohol in the gut to reach 0.29. Only converts carbs to alchol and need about 1 gallon of 5% in a short period to reach that BAC. Ketosis can be caused medically or from low/no carb diet.
JimmyinPhoenix says
I’m thinking about all the money I could save on beer If my body made it automatically…
JR says
Just think of all the money you’d save not having to buy beer
Donald W says
Sometimes when a judge does not allow evidence, out is because it is not creditable.
NavigatorWife says
I have heard of this condition not too long ago, it is real. With the problems of ABS, it might be causing enough stomach problems that you do not notice the affects of the alcohol buildup, probably most people would just pass it off to feeling sick or something.
Here is one case of a lady who did not know she had this and was given a ticked for dui.
http://www.cnn.com/2015/12/31/health/auto-brewery-syndrome-dui-womans-body-brews-own-alcohol/
‘With a lot of truck drivers diets, of potato chips, snacks, sugary items, and just a lot of carbohydrates, it is perhaps there are not more people who suffer from this and have not clue they are partially drunk.
jerry says
Troubling; myself, i’ve been focusing on increasing the probiotics within my body. The purpose is to increase the B-vitamins, while increasing the ability to take a dump, (easier bowel movements). Driving truck, myself i sit for longer periods mixed with decreased exercise. I believe, increasing the probiotics in my body is the way to go. To say, that im holding the Sword of Damocles…endangering my CDL with a possible false positive breathalyzer result…troubling, +2 million safe miles driven & i have it all wrong… 🙁