Black man arrested for DUI in Texas, despite breath test of zero

Larry Davis sober yet arrested for DUI
Larry Davis sober yet arrested for DUI

Austin, Texas, has a zero tolerance policy for DUI, so when they pulled driver Larry Davis over for running a red light, he was tested. Davis was unbalanced and could not walk a straight line, but he insisted he was not drunk and had just one beer that night. He was arrested for DUI and took a voluntary breathalyzer test and blood draw test for drugs and alcohol, both came back 0.00.  But Davis was still charged.

The Austin police department stated that they believe the arrest was warranted, in part because “while standing on one leg, he “swayed,” and “needed his arms for balance.”


The went on to state that he could have been high on weed, since that would not necessarily show up in the blood work. The police did say that it was unusual to be arrested for DUI with a 0.00 level.

There has been criticism over other drunken driving arrests in Austin, with some saying the police are going overboard in their efforts. It was noted in the news outlet, The Statesman, that prosecutors “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 to plead to other crimes.”


Now Davis has to put his life back together after his unjustified arrest. The charges have been dropped against him but he incurred legal fees and must get his criminal record cleared.

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