Caffeine Fix: DUI charge dropped against driver who tested posit - KWWL - Eastern Iowa Breaking News, Weather, Closings

Caffeine Fix: DUI charge dropped against driver who tested positive for caffeine

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UPDATE:  The DUI charge against a driver who tested positive for caffeine has been dropped.

Joseph Schwab was picked up in California last year.

Investigators say he was darting in and out of traffic and they believed he was under the influence following a sobriety test.

They took him to jail where he agreed to a blood test.

Only caffeine showed up in the test.

The district attorney said she planned to move forward with a DUI charge, but then yesterday, the charge was dropped.

"The defendant’s blood sample was sent to a laboratory for the testing of standardized substances, and it tested negative for those substances, but positive for caffeine. Not all known drugs that could cause impairment were tested at that time. Based upon the lack of drug results, the case did present some challenges. After recent discussion with the experts from forensic laboratories, they said it was, 'highly likely the defendant was under the influence of a drug.' After further consideration, without a confirmatory test of the specific drug in the defendant’s system that impaired his ability to drive, we do not believe we can prove the charge beyond a reasonable doubt," said Solano County District Attorney Krishna Abrams.

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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 he was pulled 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 only caffeine showed up. 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. 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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