As odd as it may sound, it is possible for someone to ferment alcohol in their gut without having had any alcohol to drink. It is a rare condition known as auto-brewery syndrome or gut fermentation syndrome. People with this syndrome can be falsely suspected of driving under the influence of alcohol because a blood alcohol concentration test will give an inaccurately high reading. If you can prove that you have auto-brewery syndrome, you may be able to get your DUI charges dismissed, but this defense rarely applies.

How It Happens

People develop auto-brewery syndrome because of yeast or bacteria that grow in their gastrointestinal system – the same type of yeast that is used to ferment alcohol. Auto-brewery syndrome is most commonly diagnosed in people who have other conditions, such as diabetes, obesity, Crohn’s disease, and short bowel syndrome. Auto-brewery syndrome can cause the same symptoms as alcohol intoxication, such as:

• Dizziness
• Fatigue
• Loss of coordination
• Vomiting
• Belching
• Disorientation

Unlike with consuming alcohol, a person with auto-brewery syndrome cannot reasonably predict when these symptoms may occur. Physicians may treat the syndrome by prescribing anti-fungal medicines and recommending that the patient goes on a low-carbohydrate diet.

Patrons at Woodfield Mall in suburban Chicago were alarmed when an SUV drove through the indoor shopping center, damaging several displays before it came to a stop at a pillar. The vehicle did not hit anyone, though three people were taken to the hospital. As of the last reporting on the story, the driver was in custody at a behavioral health center and would not be charged until he was released. Police said they do not know if it was a planned attack or if the driver has a mental illness, which could determine what the man is charged with. At the very least, the incident seems to qualify as reckless driving.

What Is Reckless Driving?

Illinois’ criminal code defines reckless driving as:

• Driving with a willful or wanton disregard for people or property; or
• Intentionally using an incline to become airborne, such as a hill, bridge approach, or railroad crossing.

Traveling over the speed limit by 35 miles per hour or more is also reckless driving. The charge can become aggravated if the driver injures someone during the incident. If the driver was legally intoxicated, then the charge will be driving under the influence instead.

Illinois lawmakers have introduced new legislation that would increase the punishment for drivers who violate the “move-over” law, also known as Scott’s Law. The existing law states that drivers must use caution when approaching a stationary emergency vehicle on the side of the road. Scott’s Law is a traffic violation that requires a fine, though it can also be an aggravating factor for charges such as driving under the influence. The changes to the law would expand the punishments for incidents involving property damage or personal injury.

Scott’s Law

The state created the move-over law to protect emergency responders after several had been injured or killed when motorists struck them by the side of the road. The law was named after Chicago Fire Department Lt. Scott Gillen, who died after being hit by an intoxicated driver while responding to a crash. The law states that drivers who are approaching a stationary emergency vehicle must:

• Proceed with caution;
• Reduce speed; and
• Change lanes in order to give the vehicle room, if possible.

The law defines a stationary emergency vehicle as any vehicle that is authorized to be equipped with flashing lights, including the red and blue lights and yellow lights. A conviction is a business offense, punishable by a fine of $100 to $10,000. For incidents involving vehicle damage or personal injury, the offender’s driver’s license can be suspended for 90 to 180 days.

Black and Latino drivers in Illinois are statistically more likely to be pulled over for a traffic stop and subjected to a search, according to a report recently released by the American Civil Liberties Union of Illinois. The ACLU looked at results from nearly 6.5 million traffic stops from 2015 to 2017. Illinois law enforcement agencies collect the data as required by the Illinois Traffic and Pedestrian Stop Statistical Study Act, which the state created in 2003 because of concerns about racial profiling. The ACLU said that law enforcement must end its practice of conducting excessive traffic stops and searches in hopes of finding criminal activity.

Statistics

The study cites several pieces of data in claiming that local and state police agencies disproportionately target minority drivers:

• Police stopped minority drivers at a higher rate than white drivers, and the disparity increased each year from 2015 to 2017;
• In 2017, minority drivers were 1.5 times more likely to be stopped than white drivers;
• Black drivers were subjected to consent searches 1.7 times more often than white drivers, and Latino drivers were 1.3 times more likely;
• Police officers were 1.3 times more likely to find contraband when searching a white driver’s vehicle than when searching the vehicle of a black or Latino driver.

Stops

The ACLU claims that law enforcement agencies have encouraged officers to be aggressive in conducting traffic stops and subsequent searches. The Illinois State Police supposedly instructed troopers to pull drivers over for all traffic violations because it would increase the chance of encountering someone conducting criminal activity. This instruction put into practice means that the troopers may be predisposed to believe that the drivers they pull over are committing other crimes.

Illinois lawmakers are trying to further crack down on distracted driving by changing the state's traffic laws. Starting July 1, 2019, using an electronic communication device while driving will be a moving violation for first-time offenders. Under the current law, this offense is not a moving violation until the second time a driver commits it. This minor change to the traffic law could add up to Illinois more frequently suspending drivers’ licenses because of multiple moving violations.

Consequences

The fines remain the same for using an electronic communications device while driving. The only difference is that they will apply after the first violation instead of the second. They include:

• $75 for a first offense;
• $100 for a second offense;
• $125 for a third offense; and
• $150 for a fourth or subsequent offense.

You face consequences that are more severe than fines if you commit this violation multiple times. Illinois will suspend your driver’s license if you are ticketed for three moving violations within a year’s time. The change to the law means that your first electronic device offense will count towards that moving violation total instead of being a warning. Illinois assigns points to each moving violation, which it adds up to determine how long your suspension will last. The electronic device violation is 20 points, and committing that same violation three times within a year could result in a three-month license suspension.