A man driving to Fairfield in August 2015 was arrested after "weaving in and out of traffic almost causing several collisions," but he wasn't under the influence of alcohol, according to the arresting officer.
Following a blood test, caffeine was determined to be the only drug pumping through the driver's system, as reported by NBC affiliate KCRA.
After stopping the driver, who was identified as 36-year-old Joseph Schwab, the arresting officer found legal workout supplements in the car, conducted multiple field sobriety tests and noticed that Schwab's pupils were dilated, according to KCRA.
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Solano County District Attorney Krishna Abrams added that "the driver seemed very amped up, very agitated, very combative, and (the arresting officer) thought he was under the influence of something," according to KCRA.
Schwab maintains his innocence.
"I was 100 percent confident that I was not under the influence of anything," he told KCRA.
That plea doesn't seem to be working.
Abrams is still attempting to finalize a DUI charge, but she admitted that a conviction will not be simple to pull off, as reported by KCRA. The district attorney claims that an unknown drug, which did not register on the original blood test, is what truly impaired Schwab's driving ability.
Yes, caffeine is a drug, but it is not often associated with impaired driving, independent forensic toxicologist Edwin Smith told KCRA.
Smith believes that the drug could actually improve a driver's ability to stay focused behind the wheel.
Schwab and his attorney have filed a motion to have any charges be dismissed, according to KCRA. In their minds, driving while being under the influence of caffeine is not a criminal act.