A California man is reportedly prepared to fight a misdemeanor charge of driving under the influence after he was pulled over in 2015 and a blood test only showed traces of caffeine in his system.
According to The Guardian, Joseph Schwab was allegedly driving erratically and cut off an officer from the California department of alcoholic beverage control in August 2015 in Solano Country.
Schwab’s attorney Stacey Barrett told the paper that he was given a breathalyzer test which showed that his blood-alcohol content level was at zero percent. A toxicology test also came back negative for drugs. Schwab was booked into county jail.
A Pennsylvania lab that conducted a secondary test provided documents to The Guardian that showed the only thing in Schwab’s system was caffeine.
Schwab’s motion to get the case dismissed was denied and now he’s scheduled for a Jan. 11, 2017 court fight. Solano County deputy district attorney Sharon Henry said the department was still investigating.
“The charge of driving under the influence is not based upon the presence of caffeine in his system,” Henry said in a statement.