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Texas man blows a 0.00 breathalyzer, still spends a night behind bars

An Austin police cruiser dash cam captures Larry Davis being arrested for supposed DWI.

Texas resident Larry Davis found out that sometimes, despite doing nothing wrong, you can still find yourself on the wrong side of the law. According to Yahoo! News on Tuesday, Davis was pulled over in 2013 and arrested by the Austin Police Department for DWI, even though he clearly was not drunk.

Davis has now hired an attorney, who is working to not only expunge his record, but to file suit against the Austin Police Department and the officer who arrested him.

The criminal case hung over his head for close to a year, even though Davis knew was innocent of the charges. Davis’ attorney, Daniel Betts, says his client was profiled by an “overzealous” police force.

“My reaction was just shock that this happened,” Betts said.

The Statesman noted that back in 2011, Austin’s Travis County had “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 plead to other crimes.”

Davis said the same thing is still happening. Austin police pulled Davis over after running a red light. But the charges didn’t stop there. Despite blowing zip into the breathalyzer, Davis was arrested based on “suspicion of DWI after a failed sobriety test.”

Davis was brought in, and voluntarily submitted to additional testing.

“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. Over seven types of drugs were checked for in his system – he tested clean for them all.

Austin Police Commander David Mahoney attempted to explain the actions of his deputy.

“If there is someone who is impared, we don't want them driving. We need to get them off the road, so that was probably his mindset,” Mahoney said.

But Davis said he was not impaired in any way, and just because he could not stand very still while on one leg, he was arrested. The Austin police report says Davis “swayed,” and “needed his arms for balance.” As would most people who are put into that tense situation.

Notably, when Davis hired his attorney, Travis County prosecutors dismissed the case completely. Davis will now pursue having his record cleaned and a civil suit.

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