Having caffeine in your system can get you a DUI in California
So maybe the headline is a little misleading, but not entirely. Because right now, one California man is battling his local DA in an effort to get a DUI charge dropped, after a blood test revealed he had nothing in his system — except for caffeine.
The court isn’t backing down, either, and plans on taking him to court for it. Test or no test, the arresting agent, and the Solano County DA, believe that he was under the influence of something. Science be damned.
It all started 18 months ago when Joseph Schwab, 36, was pulled over on his morning commute by California Department of Alcoholic Beverage Control. The agent claims he was driving erratically and cut her off. As protocol goes, she then administered a roadside sobriety test. Here’s where shit gets real.
Schwab passed, and displayed a 0.00 percent BAC on the breathalyzer, according to his lawyer Stacey Barrett. But he was still arrested and taken to county jail, where he then willingly agreed to a blood test.
The report? Nothing in his system, aside from caffeine.
His attorney asked that the case be dismissed after test results came back, clearing him of being impaired. The motion was denied; he’s now scheduled to be back in court in January.
Solano County district attorney Krishna Abrams tells NBC News that workout powders were in Schwab’s car — not illegal — but that they could have been cause for him acting “very amped up, very agitated, very combative.” The agent, she says, thought he was “on the influence of something,” which is why the case is moving forward.
She readily admits it’s going to be a tough case to win.
Not only is Joseph Schwab already out thousands for trying to clear his name on a bogus charge (not to mention what he lost in the process), but California taxpayers are now on the hook for whatever resources the states is using to go after a conviction — one already debunked by science.