California man tests positive for caffeine, charged with DUI

Fairfield, California (KCRA/NBC News) — A California man is facing a DUI charge, but the only drug found in his system was caffeine.

Back in August of 2015, 36-year-old Joseph Schwab was driving home from work when a alcohol beverage control agent pulled him over.

The agent said Schwab was darting in and out of traffic and she believed he was under the influence of a drug.

After a sobriety test the agent found Schwab’s pupils were dilated.

Schwab was taken to jail where he agreed to undergo a blood test–and the only drug that showed up: Caffeine.

Experts say that caffeine is a drug, but it’s not typically associated with impaired driving and might even help with driving.

Attorneys representing Schwab are stunned at the charge, but the D.A. says they plan to move forward with the case.

Officials believe Schwab was under the influence of a drug they don’t screen for, but they know the case is going to be hard to prove.

Schwab says more than a year later the whole thing has hurt him financially and has hurt his reputation.

Solano County District Attorney Krishna Abrams said, “This is a case without a blood result, right, so it makes it a very difficult challenge to prove in court to not have the blood result.”

Schwab said, “Looks like I’m undependable, and when you tell this type of story to somebody, they are naturally not going to believe you.”

Schwab and his attorney have filed a motion asking for the charges to be dismissed.

They say driving under the influence of caffeine is not a crime.

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