“Auto-Brewery Syndrome” is a rare medical condition in which a person’s body converts carbohydrates into alcohol due to an excessive amount of yeast in the intestines. Even if the individual has not consumed any alcohol, their body produces it internally, leading to elevated blood alcohol levels. It is difficult to medically document and is not widely known in society. However, this syndrome can lead to significant legal debates, particularly in the context of criminal and traffic law.

As is known, the penalty for driving under the influence of alcohol in 2025 is an administrative fine of 9,268 Turkish Liras and a six-month suspension of the driver's license, according to Article 48/5 of the Turkish Highway Traffic Law No. 2918. The vehicle may also be impounded.

1. In the Context of Traffic Penalties and Criminal Law:

People with Auto-Brewery Syndrome may test positive for alcohol during a breathalyzer check, even though they have not consumed any. Under the Turkish Penal Code (TPC) and the Highway Traffic Law (HTL), driving under the influence of alcohol carries serious consequences, as mentioned above. However, if this condition develops involuntarily and can be proven through medical documentation, the elements of “intent” and “fault” in terms of criminal liability become debatable.

Example: If a person tests positive due to Auto-Brewery Syndrome and this is substantiated with medical documentation, a defense can be made during any criminal or administrative proceedings based on the principles of “absence of fault” or “lack of discernment.” In such cases, the individual may be exempted from the imposed administrative sanctions.

(You can read here for information on how to appeal traffic fines.)

2. In Terms of Insurance and Compensation Law:

Traffic or comprehensive insurance policies deemed invalid due to alcohol presence may also become disputable in light of this syndrome. Insurance companies may refuse to cover damages by claiming that the accident occurred under the influence of alcohol. However, if it can be proven through medical or expert reports that the person has this syndrome and the condition developed involuntarily, the insurance company may be obligated to cover the relevant damages.

3. In Terms of Labor Law:

In workplaces where alcohol consumption is prohibited, an employee who tests positive due to this syndrome may face termination. However, a valid medical diagnosis and prior notification of the condition to the employer play a significant role in such cases. Otherwise, the issue of "termination with just cause" may arise, potentially leading to reinstatement lawsuits.

In conclusion, Auto-Brewery Syndrome, if medically proven, can be used as a basis for exemption from or mitigation of certain legal consequences. However, a valid diagnosis, a specialist’s report, and careful management of the process are essential. Individuals with this syndrome should retain their medical records and seek legal assistance if necessary.

Av. Batu Atabek