facebook twitter RSS
HOT TOPICS: Alcoholism  Addiction  AA  Cocaine  Heroin

Man Arrested for Drunk Driving Had 0.00 BAC

Despite his blood alcohol level being the same as Bluto's grade point average in Animal House, Larry Davis spent a night in jail and waited over a year for his trial.

Image: 

A simulation of Davis' test. Shutterstock

By Bryan Le

02/27/14

| Share

Surprising as it may seem, an Austin, TX man spent New Year's Day 2013 in jail and waited over a year for his DWI trial despite having a BAC of 0.00.

On January 1, 2013, Larry Davis was pulled over after he ran a red light. The arresting officer suspected drunk driving and arrested Davis, despite an insistence that he'd only had one drink. Davis subsequently blew a stone-cold sober 0.00 on a breathalyzer. Later testing for seven different types of drugs also came up negative.

"I told them I would take a blood sample as well, just to prove that I didn't have anything in my system," Davis said.

Davis' lawyer, Daniel Betts, was equally surprised at the lack of evidence for Davis' outstanding DWI charge. "My reaction was just shock that this happened," Betts said.

Even more surprising is that this wasn't the first time such a thing has happened. Since 2011, the county's courts have thrown out 30 percent of all drunk driving cases because the evidence presented was too weak. Despite such a high rate of dismissals, the Austin Police Department plans to stick with their take-no-chances policy.

"If there is someone who is impaired, we don't want them driving. We need to get them off the road, so that was probably his mindset," said APD Commander David Mahoney. But he admits Davis' case was unusual, since Austin police almost never bring in a driver who blows a 0.00 and shows nothing on a blood test.

Davis and his lawyer plan on filing a grievance case against the arresting officer.

Rehabilitation Directories

Most Popular
The Rehab Review
Cliffside Malibu
 
 
 
 

The “beach-house-relaxed” Cliffside Malibu claims to provide an oasis for recovering addicts and alcoholics. And that’s just what you'll get—if you’ve got the cash.

Morningside Recovery
 
 
 
 

For a “rehab near the beach” experience that isn’t quite as costly as similar SoCal competitors, head to this Newport Beach treatment facility.

AToN Center
 
 
 
 

Whether you’re interested in the 12 Steps, SMART Recovery, or holistic treatments, this luxurious, appealing and commendable 4.5 star (our system doesn't yet show the 1/2 star) San Diego rehab has a program for you. 

Reflections
 
 
 
 

This exclusive Northern California rehab is all about client choice—as well as golf outings, Buddhist field trips and keeping up with the office.

Capo By The Sea
 
 
 
 

Capo By The Sea offers an executive rehab program complete with medical detox and a focus on dual-diagnosis issues, as well as an outpatient option in an environment that exudes the kind of beach house optimism one would expect from an Orange County recovery outfit.

Journey Malibu
 
 
 
 

Want many of the luxury amenities A-listers have come to expect—including an enormous backyard with a pool and patio, an herb garden, a volleyball net and a spectacular vista of the Santa Monica mountains—with a recovery program to match?

The Ultimate Guide to Rehab
 
 
 
 
 

What you need to know when choosing an addiction treatment center.

the fix tv