Man Fights DUI Charge for Apparently Driving With Caffeine in His System

The "GMA" team of insiders analyzes some of the biggest stories trending this morning.
5:31 | 12/26/16

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Transcript for Man Fights DUI Charge for Apparently Driving With Caffeine in His System
Welcome Bax, everyone time now for our "Big board." It's really big. Breaking down this morning's top stories. First up, we all know that drinking and driving is illegal. But what about drinking coof fee and driving? This is not fake news, everybody. A California man is fighting a DUI charge after a blood test allegedly revealed that he was driving with caffeine in his system. Caffeine and nothing else, mind you, legal analyst areeva martin joins us now. This is income preensable. I have never heard of anything like this. The only present in his system was caffeine. This is such an unusual case you have this driver on a freeway and this officer saying he was allegedly swerving in and out of track. He gets arrested. He gets charged. A Bratt liezer is negative. Negative for alcohol and any controlled substance. Yet he's arrested and he's charged. He faced a pretty substantial bail and now he has to face trial for these charges. And the only thing found in one of these tests is caffeine was in his system. This is going to be really a difficult case for a district attorney to prosecute because the vehicular code doesn't include coffee as a controlled substan substance. I would be in jail. Yes. Which he might enjoy. We don't have to worry about this. No, I don't think anyone has to worry about having their fifth, sixth or their tenth cup of coffee, coffee is not a controlled substance. I don't see how the prosecutor is going to prove this case. No crime was committed. Now there may be some charges that can move forward to reckless driving. . No case of driving under the influence of caffeine. I think this case will go away. I don't think the district attorney or the law enforcement ayensies want to spend our taxpayers' dollars. Stephen a. Smith, you're a man of opinions. What do you think about this case? Well, I'm very nervous and I have reason to be concerned. As much as visit to visit Starbucks to get my vanilla latte, a guy that puts in over 1,000 miles a week on the road. I'm thinking about the discorrection of the prosecutor or police officers, why can't be there be discorrection on the part of the judge? There's nothing finite. It's something that's very, very scary to be quite honest. I'm nervous. I'm sorry. Nothing that's guarantee and I drink an awful lot of caffeine. I'm very concerned. I would never peg you as a vanilla latte kind of guy. I'm a versatile man. Let's test that versatility. We want to talk about sports. Stephen, a brutal day for injuries on Saturday. Derek Carr, Marcus Mariota and Tyler Lockett, all broke their legs on the field. Out for the season. Have you seen anything like this? I have not. I have not. Marcus Mariota is a young stud in two years, he's been very impressive. Tyler Lockett, he's obviously someone that the Seattle Seahawks need on offense. But nothing is more devastating than Derek Carr, you're talking about an Oakland raiders franchise that hasn't been to the playoffs since 2002 when they went to the intul they haven't registered a winning record since 2002 until this season when Derek Carr, a young stud and MVP candidate, guides them to 12-3 record. It's an absolutely devastating loss. I can't recall this happening on the same day in the NFL. I might be wrong. I sincerely doubt it. It's shocking that it happens. But it comes with the game. As you mentioned, two of those players are heading to the playoffs. There's a certain risk when you play in the NFL, the question, should the league be doing more to protect its players? Isn't the onus on the teams and coaches sf. It's a violent sport, these are freak injuries. Two of them broke their right fibula. It comes with the territory. No illegal hits involved. Nothing excessive. Nothing that didn't involve the rules the of the game. You're a vanilla spice latte and areva, what are you? I love chai tea latte. I feel like we're getting a window into both of your souls. Thank you for your time this morning.

This transcript has been automatically generated and may not be 100% accurate.

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