Belgian man, 40, acquitted of drink-driving due to rare 'auto-brewery syndrome' medical condition

A police car in Brussels, Belgium.
A police car in Brussels, Belgium. Photo credit: Getty Images.

A man in Belgium has been acquitted of drink driving because he has an extremely rare medical condition, according to his lawyer. 

The 40-year-old Bruges man has auto-brewery syndrome, in which his own body produces alcohol. 

Also called gut fermentation syndrome, it's a condition whereby fungi or bacteria produce ethanol via fermentation in the mouth or gut. 

Most people who have it report a high-sugar, high-carbohydrate diet, according to the US National Institute of Health. 

The man's lawyer, Anse Ghesquiere, said earlier this week it was an "unfortunate coincidence" the man also worked at a brewery. 

But Ghesquiere added three doctors who've examined him independently have all confirmed he has auto-brewery syndrome. 

In previous years, the man was caught driving with alcohol in his system several times - telling Belgian police he had the rare medical condition, according to The Brussels Times. 

He was arrested for drink-driving April 2022, and again the next month, after crashing into lamp posts. And in 2019, he was charged with driving under the influence. 

But on all three occasions, the man said he was confused because he hadn't been drinking, The Brussels Times reported. 

He saw his GP and specialists, arguing he had auto-brewery syndrome. 

Authorities were sceptical of the man's story at first but his official diagnosis with the syndrome forced the court to consult a forensic physician, who found he did indeed have it. 

The man's lawyer then pushed for his acquittal, which was granted on Tuesday. 

During the hearing, the judge acknowledged the man showed no symptoms of intoxication and remained alert and able to drive. 

He's now changed to a low-carb diet to control alcohol production but prosecutors still argued for a lifetime ban on driving. 

But the judge disagreed, instead ordering the man to keep modifying his diet to prevent unintentional drink driving. 

Now the man is aware of his condition, he'll be punished if caught over the breath-alcohol limit again, the judge said. 

Toxicologist Jan Tytgat told Belgian state broadcaster VRT the case was "exceptional" and she hadn't seen one like this in 30 years of undertaking tests for the courts.