In Surprise, Arizona an Ohio native who was initially charged with a DUI later blew a .000.

Jessie Thornton a 64 year old man was pulled over after swimming at the gym. He tried to explain to the officer that his blood shot eyes were due to the pool. He also told the officer that he could not perform the field sobriety tests as he had bad knees and was scheduled to have hip replacement surgery in two days.

He failed the field tests and was handcuffed and taken to the station. At the station he blew a .000 and passed all tests done by a drug recognition expert. According the Thornton, the drug recognition expert indicated he showed no signs of impairment and he (the expert) would have never arrested him. The DUI was dropped, but his car was impounded.

He is suing the City of Surprise for half a million dollars.