By AJ Willingham
(CNN) — A California DA has dropped charges against a man who was slapped with a DUI even though a drug test at the time only came back positive for caffeine.
Yes, a DUI for being caffeinated. There is definitely more to this story.
Pulled over for erratic driving, then charged
Joseph Schwab was pulled over in August 2015 in Fairfield, California. According to a statement from the Solano County District Attorney’s office, the officer at the scene was suspicious because of Schwab’s “erratic and reckless driving” and his “demeanor” and “performance on a number of field sobriety tests.”
The officer charged Schwab with a DUI, and the charge stood even when his blood sample tested negative for drugs such as cocaine, THC and opiates.
How can you hang a DUI on caffeine?
The reason, according to the District Attorney’s office, was because drug tests don’t catch all drugs, and based on the officer’s account it seemed like Schwab was definitely on something.
This reasoning didn’t fly with Schwab’s attorney, who told CNN affiliate KCRA she couldn’t believe the charge.
“I actually consulted with the other attorneys in my office to make sure that I wasn’t missing something.”
On Wednesday, the DA’s office announced they were filing a motion to dismiss the charges. That doesn’t, however, mean they don’t think drugs were in play.
The DA’s office said forensic lab experts claim it was “highly likely the defendant was under the influence of a drug,” but since they have no way to prove it beyond reasonable doubt, Schwab’s off the hook.
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