They Call It An “Opinion Crime”

AUSTIN, TX – Larry Davis was arrested for driving while intoxicated after he ran through a stop sign in January of 2013. Law enforcement determined that he was intoxicated after giving him a sobriety test for which they decided he had failed. Davis was tested and blew a 0.00 on the Breathalyzer, but apparently Austin police have wide leeway in deciding who gets arrested for DWI’s. His lawyer calls it an “opinion crime.”

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Police took Davis to jail where he submitted to a blood test which proved he was not intoxicated, but authorities are standing by their arrest of the man. They contend it was still possible he was intoxicated with some other drug such as marijuana which may not have shown up in the blood test.

Cmdr. David Mahoney said he supports the decision to have Davis arrested

“If there is someone who is possibly impaired, we don’t want them driving,” Mahoney said. “We need to get them off the road, so that was probably (the officer’s) mindset.”

Davis’ case was dismissed last week after the results of the test were given to the court. “I was arrested for nothing, really,” he said. “It was suspicion of drunk driving, which I wasn’t so I was surprised and hurt at the same time.”



