(posted: January 6th,8:20pm) You might call it the "chocolate-covered cherry" defense, a defense used Thursday that helped to keep Martha Hamilin from returning to jail in the DWI death of a teenager.

25-year old Martha Hamlin of Averill Park said she was eating chocolate-covered cherries that had alcohol in them the morning after Christmas, and she said that is why her reading was so high.

To remain free on bail, Hamlin must breathe into a device six times a day and the results are transmitted over the telephone to authorities.

Supreme Court Justice Anthony Cappinello ruled that the D.A. did not prove that Hamlin was drinking and he continued her bail.

The question remains; can you really get intoxicated by eating chocolate-covered cherries containing alcohol? NEWS10's John McLoughlin decided to do his own testing.

After buying three pounds of chocolate-covered cherries soaked in brandy, two WTEN employees agreed to eat nearly two pounds of the brandied cherries during a two hour period.

The women were then taken to the Albany Police Department's Traffic Division where Officer William Wilson checked their sobriety. Both women registered zero readings for alcohol.

In Martha Hamlin's case, she said she ate the candy for two hours that morning, the judge said two pounds of candy might equal four shot glasses of alcohol. Hamlin's blood alcohol reading was .06, which is nearly three-quarters the legal limit for DWI.

Hamlin's attorney said the breathalyzer machine she used might have been wrong. D.A. Patricia DeAngelis, said the judge was wrong. The judge told Hamlin no alcohol whatsoever, not even candy and he continued her bail.