Solano County, CA — 38-year-old Joseph Schwab has been fighting a DUI for over a year, despite the fact that he was not under the influence of any illegal drugs at the time, he did, however, test positive for caffeine.
The Guardian reported that Schwab was pulled over last August by an officer who accused him of driving erratically.
Schwab was driving home from work when he was pulled over by an agent from the California Department of Alcoholic Beverage Control, who was driving an unmarked vehicle. The agent said Schwab had cut her off and was driving erratically. The officer claims that Schwab cut her off and she gave him a breathalyzer which showed a blood alcohol content of 0.00%.
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Unfortunately, the officer was still not convinced. So, she arrested him and took him to jail so his blood could be drawn for other drugs. His blood tests came back negative for all illegal drugs. But he did test positive for caffeine. For some reason, this was enough to charge Schwab with a DUI.
“I’ve never seen this before; I’ve never even heard of it.” Stacey Barrett, Schwab’s attorney said.
“I have not been provided with any evidence to support a theory of prosecution for a substance other than caffeine at this time. Nor I have received any statements, reports, etc documenting any ongoing investigation since the [toxicology report] dated 18 November 2015,” she added.
“No one believed me that I only had caffeine in my system until I showed them the lab results. I want the charges to be dismissed and my name to be cleared,” Schwab said.
The California legal code specifies that a “drug” is any substance other than alcohol that could impair a person’s driving, but there is no precedent for caffeine negatively affecting a person’s ability to drive. In fact, it is quite the opposite as caffeine is marketed in gas stations across the country as increasing alertness while on the roadways.
Something doesn’t seem right here, what is the prosecutor involved in here?
No one in their right mind would try prosecuting for caffeine, and no jury would convict someone of it, leaving the prosecution open to malicious prosecution charges and retaliatory lawsuits. A risk I doubt any legitimate prosecutor would pursue if there isn’t some hidden reason involved here, one that has been refused disclosure to the defense lawyer (also illegal).
OTOH, this is California, not the real world.
It’s called “mission creep”…under these misguided laws, ANY substance can be called a “drug”… In fact, the human body naturally produces endorphins and other “illicit” substances, which are classified by the DEA as “schedule 1 drugs”…illegal to possess as they have no medical value…
I Can’t wait for the “Big One” to dump Leftifornia into the ocean…Good bye and good riddance .
Now wait a minute there buster……..
jumping the gun, spose its a precedent, now the state of California will have to seriously consider regulating coffee, how much you get, how much its costs and when you have had enough, “under threat of law”
Actually, in California that wouldn’t surprise me.
Don’t forget the new caffeine tax that will be passed.
it’s for the children’s education of the evils of coffee, stopping unsafe coffee farming methods , exploiting the workers, capitalists promote , profit and exploit it and enforcement of coffee free zones …
“war on coffee” new political mantra
Where alcohol is not found in a ‘breathalyzer’ test a urine sample for drugs can be required under implied consent but a blood sample can only be taken where there is an accident that results in death or injury.
Hey unit! I had never heard that. Is that some federal statute, or is it a state law? Just wondering if that applies in all states or just in some…
Its state law in Florida but I would be surprised if any state can require a blood test merely for ‘suspicion’ of misdemeanor DUI. Where there is death or injury involved you have a ‘victim’ and thus a criminal investigation so a blood draw is mandatory.
Of course refusing a breath or urine test violates the ‘implied consent’ terms of your drivers license so it can and will be suspended if you don’t give consent. What will be interesting to watch , as marijuana becomes legalized in many states, is if police can use the ‘odor of marijuana’ as grounds to require you submit to a drug test. Problem is, marijuana can remain in the body for quite a long time so, unless a more refined test is developed, prosecuting people for being under its influence would be difficult.
Not if you are stupid enough to consent to it. When I got pulled over several years ago I failed the breathalyzer test and told them we didn’t even need to bother with the agility tests. I overtly admitted guilt right then and there with the officer.
They STILL gave me an option: Take a blood test now, or get a guaranteed 1 year license suspension. They essentially wanted every scrap of evidence I would Islam… I mean submit to.
This guy knew he was innocent and probably thought… and where have we heard this one before… “I haven’t done anything wrong, have nothing to hide, so have at it!”
He probably thought he was going to have the upper hand.
Since I knew I was guilty and what I had given them so far was plenty, I refused the blood test because my license was going to be suspended anyways. I also refused to give my SSN, etc. Even in my inebriated state I realized I had no reason to give them anything else, especially since I had arrived at my destination safely.
I had done something that put others at unusual risk so I hold no ill will to the officer in my circumstance… only the system that follows him and parasites off the situation.
In New Mexico it is up to the officer whether to use the breathalyzer or blood sample. If the driver refuses one, the other is used.
I think Starbucks might rush to this guy’s aid if he needs it.
The only question I would have for this whole thing, would be to ask the arresting officer if she had drank a can of coke, or any other caffeinated beverage, coffee tea etc. in the past 24 hours and if yes, march her to the cop shop for a citizens arrest on her own stupid fucking laws…
99% of the drivers on I5 I would guess start their day with a coffee in the morning….
The end is near….. cheers