Auto-Brewery Syndrome
Part 4: A Lawyer's Quick Reference Guide
Counterpoint Volume 10: Issue 2 - Article 4 (Coming in July 2026)
Deandra Grant, JD, GC, MS
Lawyer-Scientist
Jan Semenoff, BA, EMA
Forensic Criminalist
Abstract
Auto-Brewery Syndrome presents a unique challenge for legal and forensic professionals because it sits at the intersection of medicine, microbiology, toxicology, and legal interpretation. While the condition remains uncommon, growing scientific recognition has increased the likelihood that attorneys, experts, and courts may encounter ABS-related claims in a variety of settings.
This article serves as a practical companion to the preceding articles in this series. Rather than revisiting the underlying science in detail, it focuses on the questions legal and forensic professionals should ask when evaluating a potential ABS case, the types of evidence that carry the greatest weight, common investigative mistakes, and the role of medical and forensic experts. The goal is not to advocate for or against Auto-Brewery Syndrome as an explanation in any particular case, but to provide a framework for assessing the issue through objective evidence, sound investigation, and informed professional judgment.
(Requires a subscription to Volume 10, or DUIDLA access)
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Counterpoint Volume 10Counterpoint Volume 10 explores the science, controversies, and emerging issues shaping modern alcohol and drug testing. Through expert analysis and real-world courtroom applications, it equips legal and forensic professionals with the knowledge needed to challenge evidence and strengthen their cases. |