The tests prove there wasn't any alcohol in Larry Davis' system that night in early January 2013. Despite blowing a 0.00 on a breathalyzer, Davis was arrested and charged with driving while intoxicated; he spent a day in jail and faced down criminal charges. Questions linger as to why Davis was arrested in the first place, and he plans to file a grievance against the arresting officers.
According to the Austin American-Statesman, police in Austin, Texas, originally pulled Davis over for running a stop sign. He was said to have failed a roadside sobriety test, and official reports obtained by KVUE indicate he allegedly "swayed" and used his arms for balance while standing on one leg, which apparently was enough for officers to take him off the road and put him in a cell.
But when he took a breathalyzer test at the jail, he registered a 0.00, indicating that there was no alcohol or a very small amount of alcohol in his system. He also took a blood test that screens for seven different drugs, none of which appeared in the test results.
According to the Statesman, police say it's possible Davis was impaired by a drug the test didn't screen for.
In June of 2013, a similar case in Arizona led retired firefighter Jessie Thornton to sue the police department for emotional distress and violating his civil rights. Thornton had been charged with a DUI, despite blowing 0.00 on a breathalyzer. He claims to have been guilty of "driving while black," and says racial profiling fueled the arrest. The city denies these allegations.