The District Attorney will not appeal the decision of a judge who dismissed drunk driving charges against a woman with an unusual defense: Her body is a brewery.
The District Attorney's Office initially filed a notice last December to appeal the decision of the Hamburg judge to dismiss the charges, but has now declined to appeal the ruling.
Her lawyer, Joseph Marusak, says his client's blood-alcohol level has been recorded at four times the legal limit when she hasn't had a drink. She didn't discover her rare condition until after her arrest.
Marusak submitted medical evidence of his client's condition, known as "auto-brewery syndrome," which led to the DWI charges being dismissed.
The condition is believed to be caused by high levels of yeast in the gut. The woman is now on a low-carbohydrate diet that has brought it under control.
The case has been sealed and the woman's name has not been made public.
