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Police Charge Man With DUI Despite Testing Positive Only For Caffeine

PHILADELPHIA (CBS)-- In August 2015, a California Alcohol Beverage Control agent pulled over Joseph Schwab under the notion that he may be under the influence.

Schwab, jaded from a long day of work, grew more impatient with the sobriety tests as he claimed he had nothing illegal in his body. The agent found workout supplements in his car, all of which are legal. He was taken to jail and given a blood test.

That blood test revealed Schwab was clean-- well, not totally. He tested positive for caffeine.

Conventional wisdom would assume the case was thrown out, but prosecution decided to push on with it and carry out the charges.

"I didn't believe it," said Stacy Barrett, Schwab's attorney, via KCRA. "I actually consulted with the other attorneys in my office, to make sure that I wasn't missing something."

Even the Solano County District Attorney Krishna Abrams admits this'll be a bit of an uphill battle.

"This is a case without a blood result, so it makes it a very difficult challenge to prove in court," Abrams said.

Schwab is still impacted by this seemingly innocuous day. He understands that it seems a bit odd when he tells people.

"It looked like I was undependable and when you tell this kind of story to someone they naturally are not going to believe it," Schwab said.

 

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