For drivers in California, flashing red lights in the rearview mirror is one of the least welcome sights, especially for those who have been drinking. DUI citations can lead to a loss of privileges, opportunities and income, and are a big incentive for motorists to avoid driving drunk. While most people refrain from drinking too much alcohol to avoid the consequences of intoxication, there are some who find this unavoidable and have been cited for multiple DUIs. CNN reports that new studies are shedding light on a condition called auto-brewery syndrome, in which a person’s gut acts as an internal brewery and can cause a raised blood alcohol level simply from the foods that have been eaten.

While the discovery is still new, scientists have discovered that patients with this disease usually have an overabundance of Saccharomyces cerevisiae, or brewer’s yeast, in their intestines. The overgrowth may occur after a round of antibiotics kills off good bacteria and allows the yeast to grow unchecked, or it may have another unknown culprit.

As the patient ingests sugars, alcohol or bread products, the yeast ferments the starches to create ethanol. This is the same type of alcohol that is found in beer, wine and other drinks and can lead to the same levels of intoxication.

One woman was monitored for 12 hours and researchers discovered that her BAC rose to over 0.3 percent simply from the foods she ate. After discovering this, her DUI case was dismissed by the judge. NPR reports that another man was watched for 24 hours and reached a blood alcohol concentration of 0.12 percent without a single drink.

You’re young, and your friends love to head out to clubs throughout L.A. County. While most of the time you are the designated driver, last time you opted to have a drink or two while you were out. You felt fine when you got into your car, but after you had to slow down quickly for a hidden stop sign, a police officer pulled you over thinking you were intoxicated. The breath test came up as .08, but there’s no way you could have been that intoxicated. What can you do?

Question the validity of the test

The first thing you can do is to question the accuracy of the test. If you only had two drinks and waited an hour or two before driving, it’s not likely that your blood alcohol concentration was that high. Did you burp or have indigestion during the test? This can make the test read out higher than the true BAC. The Breathalyzer could also be damaged or working incorrectly, which could cause an inaccurate reading.

Question the administration of the test

If an officer was not properly trained in administering a breath test, it’s possible you could have the test removed from evidence. If other factors could also be at play, like the failure to calibrate the test, the courts should consider this.

Question the chain of custody

To make sure a blood test hasn’t been tampered with, the officer and testing facilities keep track of where the test is at all times. If there is no information on where the test was or tampering is evident, then you can ask that the evidence is sealed and not used to prosecute you.

Your attorney has several options for defenses, depending on your situation. Be honest, and you can come up with one that helps your case.