(Scroll down for video) A man was slapped with a drunk driving charge despite the fact that the alcohol test came back showing no alcohol in his blood.
64-year-old Jessie Thornton of Surprise, Arizona, said police told him that they could tell he was drunk just by looking at him.
Thornton said that at night, he runs errands and goes to the gym, but swimming in the gym’s pool that night could have led to the driving under the influence charge.
"The officer approached me and said: 'I can tell you're driving under the influence by looking in your eyes,'" Thornton said that the officer told him.
Thornton said that his eyes might have been red because he just got out of the LA Fitness where he was swimming in the pool.
"I took my glasses off and he said: ‘Your eyes are bloodshot.’ I said: 'I've been swimming at LA Fitness' and he said: 'I think you're DUI,'" Thornton said.
"The officer said: 'Well, let's do a field sobriety test.’ I said, 'OK, but I have bad knees and a bad hip. I am having surgery in two days,’" Thornton said.
Medical documents showed that Thornton was scheduled for hip replacement surgery two days after the incident.
Thornton said he was placed in handcuffs and was forced to sit on the road despite his medical condition.
"I could not even sit on the floor like that and they knew it. I was like lying on the ground, and then they put me in the back of a van. When I kindly asked the officer to move the seat up because my hip hurts she told me to stop whining," Thornton said.
According to police documents, Thornton was taken to police headquarters, where he took a breath test.
The test, according to police documents, returned with a blood alcohol level of 0.00.
"Yes, I did the breath alcohol test and it came back zero, zero, zero," Thornton said.
Thornton, who is a former firefighter, has since filed a lawsuit against the police for $500,000.Mobile video not loading? Click here to view