Man with no alcohol in system charged with drink-driving A man blew 0.000 but was still charged with DUI. File image. A MAN has been charged with drink-driving enter being pulled over by the police, despite the fact that a breathalyser test showed he had a blood-alcohol content of 0.000. Jessie Thornton, 64, of Surprise, Arizona said cops told him that they could tell he was drunk simply by looking at him, ABC15 reports. Mr Thornton explained that in the evenings, he runs errands and goes to the gym, but a late-night swim might have led to the DUI accusation. "He (the officer) walked up and he said 'I can tell you're driving DUI by looking in your eyes,'" Thornton said.. The 64-year-old says his eyes could have been red because he had just left LA Fitness where he was in the pool swimming. I take my glasses off and he says, 'You've got bloodshot eyes.' I said, 'I've been swimming at LA Fitness,' and he says, 'I think you're DUI,'" said Thornton. 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.' Medical documents show Thornton was scheduled to have hip replacement surgery two days after the incident. Thornton said he was then placed in handcuffs and told to sit in the gutter. "I couldn't even sit on the ground like that and they knew it and I was like laying on the ground, then they put me in the back of an SUV and when I asked the officer to move her seat up 'cause my hip hurt she told me to stop whining," said Thornton. According to documents provided to ABC15 from the City of Surprise, Thornton was taken to police headquarters where he took a breath test. The test, according to the police documents, came back with a blood-alcohol level of 0.000. "Yes, I do the breathalyser and it comes back zero, zero, zero," said Thornton. Thornton now claims this wasn't DUI. "It was driving while black," said Thornton. Read more at ABC15.