Man arrested, charged with driving under the influence of caffeine

December 24, 2016

Still “vintage” coffee

After a man cut him off, an agent of the state arrested the man for driving under the influence in Solano County. [Guardian]

Even though a blood test provided negative results for alcohol, meth, opioids and cocaine, the Solano County District Attorney’s Office charged Joseph Schwab, 36, for driving under the influence. The only “drug” Schwab tested positively for was caffeine.

Under California law, if a person is driving under the influence of drugs or alcohol, even a .01 blood alcohol while the legal limit is .08, they may be charged with DUI and receive higher penalties for other driving infractions. The decision on who to charge for driving under the legal limit and for which other substances is determined by the arresting officers and prosecutors.

According to the California Vehicle Code, a person can be arrested for being under the influence of any substance that can impair a person’s ability to drive.

On Aug. 5, 2014, Schwab, 36, allegedly cut off a California Department of Alcoholic Beverage Control agent, who was driving an unmarked vehicle. The agent then determined Scwab was driving erratically and appeared to be intoxicated. Even though Schwab’s breathalyzer test showed a 0.00 percent blood alcohol level, the agent booked Schwab into jail and his blood was drawn.

The Solano County District Attorney’s Office then filed a misdemeanor driving under the influence charge against Schwab.

Schwab’s attorney has filed a motion for the case to be dismissed because the charges were not brought in a timely manner. If that motion is denied, a jury is scheduled to hear the case on Jan. 11.


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abigchocoholic

Sharon Henry, chief deputy district attorney for Solano County, said in a statement that her office was “conducting further investigation in this matter”.


“The charge of driving under the influence is not based upon the presence of caffeine in his system,” she added.

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Apparently, nobody here can read.


L.A.RamsFan

Now, now… Everybody just calm down, please! Now, take a breath, get another Starbuck’s Double Shot, or if you prefer that can of Jolt that’s fine, and breathe, slow!


Come on now, admit it! It’s a marketing ploy by Seattle’s Best, it can’t be anything else, right….


Seattle’s Best New National Spokesperson, Charlton Heston recently proclaimed “There Double Shot Shoots Blanks! Seattle’s Best Will Get You Arrested!”


Ricky2

I looked at the date, and it’s Dec. 26, not April 1. Come on folks — this is a joke.


Grrr

Looks like a case of road rage, legally perpetrated by the California Department of Alcoholic Beverage Control agent.


Grow Up!


Seriously? Half the population of the state of Washington could be charged on that bogus charge.


Pelican1

Is that like…don’t go in the water right after eating…you’ll get cramps?


Pelican1

Here’s mud in your eye!


CentralcoastRN

I would file a formal complaint against the “agent”, and I would sue the government agency that he is hiding behind.


Out of curiosity, I wonder how much caffeine was in his system.


JordanJ

Eating turkey can make you tired. So should you have to wait four hours before driving after eating your Christmas dinner?


We need laws that are black and white. The problem here is it is up to the officer and the DA’s discretion. So while some argue their blood test was wrong, they were really under an .08 and they are not charged, others are charged at an .03.


While most officers are great, we will always have some officers who abuse their position. The law needs to be changed to protect the public from over zealous or angry officials while keeping intoxicated drivers off the road.


805code4

An arrest without probable cause or supporting evidence should be considered an unlawful. The District attorney who filed this baseless complaint should be disbarred or at the very least suspended.