Gawker is reporting that Jessie Thornton, a 61-year-old retiree, was arrested and charged with DUI in Arizona despite having a blood alcohol level of 0.00. The reason the arresting officer gave to Thornton: “I can tell you’re driving drunk by the look in your eyes.”
Thorton, a retired firefighter who, because of his wife’s schedule as an ER nurse, often sleeps during the day, was pulled over at 11 pm in Surprise, Arizona after police officers say they witnessed him crossing the white line in his lane.
“He (the officer) walked up and he said ‘I can tell you’re driving DUI by looking in your eyes,'” Thorton told ABC 15 in Arizona.
Thorton, who had been working out at a nearby LA Fitness, told the officer his eyes were bloodshot because he’d been swimming at the gym’s pool.
“He (the officer) goes, ‘Well we’re going to do a sobriety test.’ I said, ‘OK, but I got bad knees and a bad hip with surgery in two days.'”
The officer then made Thorton take a sobriety test.