A man was arrested for driving whilst drunk, even though he scored 0.00 on the breathalyser test.
Despite blowing a 0.00 on a breathalyser, a driver was still arrested for drink driving and spent the night in jail. Larry Davis, from Texas, ran through either a red light or a stop sign (reports vary) in his Buick in Austin, and was pulled over by police.
The Austin Police Department believed Mr Davis showed signs of being drunk, such as swaying when asked to stand on one leg. At the station, however, Davis blew a 0.00 into a breathalyser and even agreed to do a blood sample which also came back as 100 per cent negative. Yet Davis still spent the night in jail. The police believed he may have been under the influence of marijuana, which does not come up in the test.
Daniel Betts, Davis’ attorney, said: “My reaction was just shock that this happened.” Yet the APD stated that they went by a “take-no-chances” policy. However, they did acknowledge that it was uncommon for a driver to be arrested for drink driving if they blew a 0 on a breath test.
In 2011, Austin’s Travis County “dismissed a higher percentage of drunken driving cases than other major Texas counties… in part because prosecutors said police filed weak charges or prosecutors allowed suspects plead to other crimes.”
Davis, meanwhile, will now spend the next few months cleaning his arrest record. He has since filed a grievance against the Austin Police Department and the officer who arrested him.
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