Austin Man Arrested For DWI After 0.0 Breathalyzer Test

Austin Man Arrested For DWI After 0.0 Breathalyzer Test

larry davisLarry Davis was arrested for driving while intoxicated (DWI) back in 2013 after a breathalyzer test showed his blood alcohol content (BAC) level to be 0.0%. The incident occurred in Austin, TX, when Davis was pulled over in his Buick on a routine traffic stop. When the police asked Davis if he had been drinking that night, he repeatedly insisted that he only had one beer. Despite his claim of only consuming one beer, Austin police believed Davis displayed signs of alcohol intoxication and placed him under arrest for DWI. Unfortunately for Davis, despite having blown a 0.0% breathalyzer test, he still spent the night in jail.

Davis’ attorney said that he was simply shocked that his client was even arrested for DWI after this circumstances. Davis also agreed to submit a blood test, which also came back negative, in addition to the breathalyzer and field sobriety tests. Davis has been fighting the arrest in court for a year now, however, Austin police have stood by the arrest citing their “take-no-chances” policy. Austin police say that it was the one leg stand test Davis performed that made them suspicious. Austin police say that Davis “needed his arms for balance” during the sobriety test and with regard to the clean blood test, they suggested that marijuana could still have been in his system without showing up on the test. Davis is currently trying to have his arrest record wiped clean and plans to file a grievance against the officer that arrested him.

Do you think the Austin Police Department made the right call? Or should Larry Davis have gone home that night?

If you have been arrested for driving drunk, contact an experienced and skilled Texas DWI attorney for legal assistance.

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