Sober driver Jessie Thornton is charged with DUI... even though he had a 0.000 blood-alcohol content

An Ohio man was charged with DUI after her was pulled over by the police, despite the fact that a breathalyzer test showed he had a blood-alcohol content of 0.000.

64-year-old Jessie Thoton who now lives in Surprise, Arizona said cops told him that they could tell he was drunk simply by looking at him.

Mr Thoton 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.

Jessie Thoton: He was arrested for DUI despite having nothing in his system

Surprise Police Department paperwork shows Thoton was 'pulled over for crossing the white line in his lane.'

'An officer walked up and he said ‘I can tell you’re driving DUI by looking in your eyes.’ 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 … 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.’

Thoton was indeed scheduled to have hip surgery two days later. 

No surprise: Mr Thoton says he is being harassed by local police having been pulled over 10 times

'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.'

Thoton said two other officers arrived and they conducted the sobriety test.

With a BAC of 0.000, the situation should have been resolved quickly, but Thoton was evaluated for possible drug use as well.

'Yes, I do the breathalyzer and it comes back zero, zero, zero,' said Mr Thoton.

Bloodshot: Mr Thoton told police his eyes were likely red because he had just come from the local swimming pool

While in custody, a 'DRE' or drug recognition expert is called in to test him.

'After he did all the tests, he says, 'I would never have arrested you, you show no signs of impairment.'

'I've been stopped 10 times in Surprise and given four tickets, it's amazing,' said Mr Thoton.

No evidence: Mr Thoton was released after police found no evidence of alcohol in his blood, however his car was still impounded for three days. He is now suing the Surprise police department

'I then get this message that my license is being suspended and I have to take some sort of drinking class or something,' he said.

Mr Thoton now claims that it wasn't DUI but motivated by race.

'It was driving while black,' he proclaimed. 'I just don't want any of this to happen to somebody else,' he said.

His latest incident with Surprise police officers prompted him to hire a lawyer with plans to sue the department for $500,000.

• To see the full report from ABCNews15 click here