Despite this, The Guardian reports Schwab is still facing the DUI charges from this arrest, which happened last August. The news outlet reports his lawyer has asked for the case to be dismissed, but if it isn't, a trial will occur on January 11, 2017. Good Morning America's legal expert says it's unlikely that the prosecution would be successful with the current charges. That's supported by the local district attorney, who insisted in a statement to The Guardian that "[t]he charge of driving under the influence is not based upon the presence of caffeine in his system." It's a safe bet that for the prosecution to continue, Schwab would have to be charged with something like reckless driving that doesn't require proof of intoxication.
While this situation is unusual, it's a good reminder that unsafe driving can occur without what you might traditionally consider to be intoxication. We've already seen that driving while drowsy can be extremely dangerous. The takeaway is that if you don't feel like you're capable of driving, for whatever reason, don't hop behind the wheel.