Has it come to this? At least 68 million Americans drink coffee every single day. If those staggering numbers are any indication of the number of people that are consuming caffeine on a daily basis, consider the fact that that number is for coffee consumption and doesn’t even include soda. Does that mean all of us consuming caffeine need to worry about getting a DUI?
A California man, Joseph Schwab, was pulled over on suspicion of driving under the influence back in 2015. Schwab was given a breathalyzer test, which he passed with flying colors. Although the breathalyzer showed 0.00% blood alcohol level, Schwab had his blood taken for a toxicology test after being taken to county jail. Results, again, came back 100% in favor of Schwab.
Charges weren’t initially filed against Schwab, but ten months later misdemeanor driving under the influence of a drug charges were filed. A second set of test results sent from an outside testing facility showed caffeine was the sole substance in Schwab’s blood.
Chief Deputy District Attorney, Sharon Henry, for Solano County stated, “the charge of driving under the influence is not based upon the presence of caffeine in his system.” Schwab’s attorney, Stacey Barrett, however, stated she was not provided with any evidence supporting a theory of any other substance within Schwab’s system. Barrett subsequently filed a motion to dismiss the charges against Schwabb.
Can Caffeine Consumption Really Get You a DUI?
Maybe, but it’s probably not really very likely. Under California law, a drug is any substance, illegal or legal, that isn’t alcohol that might “impair, to an appreciable degree” a driver’s capabilities behind the wheel to drive like a sober person. Were you able to drive with caution? Was your driving that of a sober person of ordinary prudence under similar circumstances?
Caffeine works by stimulating the central nervous system, the heart, muscles, and the centers that control blood pressure. Theoretically, if enough caffeine is consumed, then it’s possible it could have effects that could impair a driver’s capabilities to drive safely. Typically, though, side effects of consuming caffeine have much smaller effects such as stomach aches and insomnia.
How, Then, Can Schwab Be Charged?
According to the District Attorney’s office, the State decided to go ahead & charge Schwab because drug tests don’t catch every drug. The State was convinced that because Schwab was driving so erratically, he must have been on something. Remember, though, that since this was a criminal charge brought against Schwab, the State has to prove beyond a reasonable doubt that he was driving under the influence of drugs.
Even though caffeine is a substance that can affect the nervous system, brain, or muscles, all things that define a drug under the applicable law, a prosecutor would be hard-pressed to prove to a jury beyond a reasonable doubt that the consumption of caffeine, alone, inhibited Schwab’s abilities to drive enough to pose any danger. Observations of an arresting officer can be relied upon heavily, but it’s not necessarily enough.
Under California law, driving erratically isn’t necessarily conclusive enough to prove driving under the influence—it’s only a factor a jury can take into consideration. An arresting officer can testify to 1) the unsafe manner in which you drove, 2) your physical appearance, and 3) your performance on a field sobriety test. According to the officer, Schwab cut her off and was driving erratically. In Schwab’s case, this would have been the only evidence, at least that’s been made public, that the State had to go on since blood tests came back negative.
These are the likely reasons the District Attorney’s office conceded and just filed their own motion to dismiss the charges against Schwab, despite the fact they claimed forensic lab experts stated it was “highly likely the defendant was under the influence of a drug.”