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As a Hall County DUI lawyer with over 25 years of experience defending clients in Georgia, I’ve seen my share of complex cases where science intersects with the law. One emerging issue that’s caught my attention is Candida auris, a multidrug-resistant fungus that’s making headlines in medical circles. This “superbug” isn’t just a health concern—it could have significant implications for blood alcohol testing in DUI arrests. In this post, we’ll explore what makes C. auris different from other Candida species, its unique properties, and how it might affect DUI defenses, including ways to detect or rule it out as a source of endogenous alcohol production. We’ll also address why the absence of certain signs, like popping noises when opening blood tubes or foul odors, doesn’t necessarily rule out fermentation in the sample.
Candida auris is a type of yeast first identified in 2009, and it has since spread globally, causing outbreaks in hospitals and long-term care facilities. Unlike common yeasts that live harmlessly on our skin or in our gut, C. auris is notoriously virulent, meaning it’s highly infectious and can lead to severe, sometimes fatal infections in vulnerable people, such as those with weakened immune systems. It’s earned the nickname “superbug” because of its resistance to multiple classes of antifungal drugs, making it extraordinarily difficult to treat.
What sets C. auris apart from previous types of Candida, like Candida albicans (the most common cause of yeast infections)? Here are the key differences:
In short, C. auris is a tougher, more adaptable variant that’s evolved to evade both the immune system and standard treatments.
One of the most alarming aspects of C. auris is its resistance profile. About 90% of isolates in the U.S. are resistant to fluconazole (a common antifungal), 30% to amphotericin B, and some strains show resistance to echinocandins, the last line of defense. In rare cases, it’s pan-resistant, meaning it defies all three major antifungal classes. This resistance arises from genetic mutations, efflux pumps that expel drugs from cells, and cell wall modifications.
As for antibiotics: Fungi like C. auris aren’t directly affected by antibiotics, which target bacteria. However, broad-spectrum antibiotic use can wipe out competing bacteria in the gut, allowing C. auris to overgrow and colonize. This indirect “resistance” makes it a common co-pathogen in patients on long-term antibiotics.
Sodium fluoride, often used as a preservative in blood collection tubes to prevent microbial growth and fermentation, is another story. While not a traditional antifungal, it inhibits enzymes involved in glycolysis. Some yeasts, including Candida species, can produce ethanol even in preserved samples if they’re resistant or present in high numbers. Although specific data on C. auris and sodium fluoride is limited, its overall hardiness suggests it might persist in conditions where other microbes falter, potentially leading to postmortem or in-vitro ethanol production.
Here’s where it gets interesting for DUI cases. Like other yeasts, C. auris can metabolize carbohydrates (sugars) and excrete ethanol as a byproduct. Metabolic studies show it produces ethanol, along with aromatic alcohols like phenylethyl alcohol, during fermentation. This process is similar to brewing beer, but it happens inside the body if the fungus overgrows in the gut.
This ties into auto-brewery syndrome (ABS), a rare condition where gut microbes ferment carbs into intoxicating levels of ethanol, leading to symptoms mimicking drunkenness without alcohol consumption. While ABS is more commonly linked to Candida albicans or glabrata, the fermentative capabilities of C. auris suggest it could play a similar role, especially in immunocompromised individuals or those with recent antibiotic exposure.
In a DUI arrest, blood alcohol concentration (BAC) is often the key evidence. But if someone has a C. auris infection causing endogenous ethanol production, their BAC could be elevated without drinking. This is akin to ABS defenses I’ve used in court, where gut fermentation leads to false positives on breath or blood tests.
Importantly, the lack of certain indicators does not rule out endogenous alcohol production by C. auris. For instance, blood tubes may not make a popping noise when opened, even if fermentation has occurred. Popping or hissing sounds result from significant CO2 gas buildup under pressure, but this requires substantial microbial activity and may not happen if fermentation is slow, the preservative partially effective, or the tube not fully sealed. Similarly, the absence of foul odors (like putrefaction from bacterial decomposition) doesn’t exclude fungal involvement. Fermentation by yeasts like C. auris typically produces a yeasty, alcoholic, or fruity smell, not the foul, rotting odors associated with bacteria. In DUI cases, prosecutors or toxicologists might point to the lack of these dramatic signs as evidence against fermentation, but science shows they’re not reliable exclusions—subtle or controlled fermentation can still elevate BAC without obvious clues.
In Georgia, where Hall County courts handle many DUI cases, challenging BAC evidence on medical grounds can be a game-changer. I’ve successfully argued similar defenses, highlighting how conditions like yeast overgrowth can mimic impairment.
Government toxicologists in DUI cases often assume elevated BAC comes from ingested alcohol, but a savvy defense can demand tests to rule out endogenous sources. Here’s how C. auris (or similar fungi) can be detected and addressed:
In court, a government toxicologist might downplay ABS as rare, but with medical evidence, we can shift the burden to prove the BAC wasn’t endogenous.
Candida auris represents a new frontier in DUI defenses, blending microbiology with legal strategy. Remember, the absence of popping sounds or foul smells in blood samples doesn’t disprove endogenous alcohol production—it’s about the science behind subtle fermentation. If you’ve been arrested for DUI in Hall County and have a history of infections, antibiotics, or unexplained “drunken” episodes, this could be relevant. As your advocate, I’ll dig into the science to challenge faulty tests and protect your rights.
If you’re facing DUI charges, contact me, George Creal, for a free consultation. Let’s turn the tables on the prosecution with facts, not assumptions. Stay safe out there!
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George Creal is a trial lawyer who has been practicing law
in the Metro-Atlanta area for over 27 years. George brings
a broad range of experience to the courtroom. Read More