Man arrested, charged with driving under the influence of caffeine

December 24, 2016

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.