California driver charged with driving under the influence —of caffeine

Whoa!

On January 11, Joseph Schwab of Solano County is due in court over a misdemeanor DUI charge from 2015. But Schwab’s case is different from most. After an initial breathalyzer test showed he had 0.00% blood alcohol content, Schwab was sent to the county jail where a blood test revealed that the only drug present in his system was caffeine.

Schwab was pulled over by a California department of alcoholic beverage control agent on August 5, 2015, for allegedly erratic driving. Nearly 18 months later, the only evidence the district attorney has provided is the toxicology report showing Schwab was under the influence of nothing but caffeine.

After the test came up negative for opioids, cocaine, benzodiazepines, cannabis, and other drugs, it was sent to a second lab in Pennsylvania, which verified the original findings.

Schwab’s defense attorney, Stacey Barrett, filed a motion to have the case dismissed because the charges were not filed until the following June–almost ten months after he was arrested. The motion was denied, and Barrett and Schwab are preparing to take the case to trial later this month.

Solano County chief deputy district attorney Sharon Henry, whose office is investigating the case, says the DUI charge “is not based upon the presence of caffeine in his system.” If the charge is for another substance, the prosecution would have to provide its evidence to Schwab and his attorney, which Barrett says they have not.

According to the California vehicle code, any substance other than alcohol that could impair a driver “to an appreciable degree” could be considered a drug, but Barrett says she has never heard of anyone being charged with a DUI for having caffeine in their system.

Defense attorney Mark Sherman commented, “If prosecutors were to push for the charge to stand, they would have to demonstrate that caffeine was solely responsible for Schwab’s conduct behind the wheel, which may be difficult.”

Even if the charges are dropped, the situation has taken its toll on Schwab, who feels his reputation has been damaged by his arrest and the charges against him. He is prepared to take the case before a jury to clear his good name.
“No one believed me that I only had caffeine in my system until I showed them the lab results,” Schwab said. “I want the charges to be dismissed and my name to be cleared.”