Austin man arrested for DWI despite blowing 0.0.Submitted by Allegory on Tue, 02/25/2014 - 17:56
The blood test came back negative, but charge still lingered for a year.
By Tony Plohetski | Statesman.com
To Austin attorney Daniel Betts, driving while intoxicated can sometimes be what he calls “an opinion crime.” Law enforcement must decide, sometimes within only a matter of minutes, whether a person is intoxicated and should go to jail -- or be allowed to simply drive way.
On the night Austin police arrested his client, they made the wrong choice, he says – his opinion bolstered by a voluntary breath and blood test showing Larry Davis wasn’t intoxicated when he was arrested Jan. 13, 2013. He tested 0.00 on a Breathalyzer – the lowest possible reading -- and the blood test, which took months to be tested, came back negative.
“My reaction was just shock that it happened,” Betts said of the arrest, after watching a police dash cam video and reviewing the evidence.
The arrest meant Davis spent a day in jail, and he was left with a criminal case looming over him for more than a year. Because he was declared indigent at the time, the county picked up his legal fees of a few hundred dollars.