Belgium: Charged with drink driving, man acquitted because he naturally produces alcohol

Only about twenty people in the world suffer from this pathology. A 40-year-old Belgian man who appeared before a police court in Bruges (north) for repeated drink driving was acquitted on Monday after being able to prove that he suffered from a very rare “spontaneous fermentation” syndrome. His lawyer Anse Ghesquière confirmed the information to Belgian media.

This syndrome, known as “autofermentation” or “autobrewery,” causes endogenous ethanol production by the digestive system during the ingestion of high-carbohydrate foods such as bread, potatoes, or beans.

According to the lawyer, scientists believe that the disease is underdiagnosed worldwide, since only about twenty people are officially infected. Her client, whose identity was not specified, was able to prove that he is a carrier after involving only three doctors in this legal procedure, she emphasized.

“A Case of Force Majeure”

The court recognized it as a “force majeure circumstance.” “We are pleased with this decision, but it is not final yet,” commented Me Anse Ghesquière, adding that the prosecution has thirty days to file an appeal.

While driving a car, the man was tested in April 2022 with a level of 0.91 mg per liter of breath, and then again a month later with 0.71 mg/l, while the upper limit allowed in Belgium is 0.22 mg /l.

The motorist, already sentenced in 2019 to a fine and deprivation of his driver’s license for the same reasons, declared his innocence, asserting that he was not drunk and, apparently, did not suspect the disease from which he was suffering. From now on, he follows a low-carbohydrate diet, which can block the onset of the syndrome.

During the hearing at the end of March, the prosecution also required him to avoid “any voluntary consumption of alcohol,” recalled the Flemish public broadcaster VRT.