Back in 2013, Texas resident Larry Davis ran either a red light or stop sign (reports vary) in his Buick in the city of Austin. Despite his insistence that he had had only one drink, he was put in handcuffs and arrested for driving while intoxicated. Then, when he was given a Breathalyzer test by the AustinPolice Department, he blew a 0.00. Nonetheless, as KVUE reports, Mr. Davis spent the night in jail.
While at the station, Mr. Davis agreed to give a blood sample as well, to prove he was not under the influence of any drugs or alcohol. The results would later come back 100% negative. Davis’ attorney, Daniel Betts, told KVUE, “My reaction was just shock that this happened.”
The Austin Police Department stands by the arrest, saying they believed Davis showed signs of impairment, that while standing on one leg, he “swayed,” and “needed his arms for balance.” They also suggested that he could have been on marijuana, a drug that wouldn’t necessarily show up in a test. The APD said they’re going by a “take-no-chances” policy. That being said, they did acknowledge how unusual it is that Davis was arrested despite registering a zero on his breath test.
The Statesman reports that people, including Davis’ attorney, Mr. Betts, have characterized Austin PD’s drunken driving arrests as “overzealous.” They noted back in 2011, that Austin’s Travis County has, “dismissed a higher percentage of drunken driving cases than other major Texas counties — in part because prosecutors said police filed weak charges or prosecutors allowed suspects plead to other crimes.”
As for Larry Davis, he will now spend the next few months getting his arrest record wiped clean. In addition to that, he will file a grievance against the Austin Police Department and the officer who arrested him. KVUE notes that as they started to investigate the manner, Travis County prosecutors dismissed the case completely.