Larry Davis ran a stop sign. A voluntary breath test showed he hadn’t had too much to drink. He blew a 0.00 on the breath test. “I told them I would take a blood sample as well, just to prove that I didn’t have anything in my system,” Davis said. That test looked for seven types of drugs in his system, and Davis tested negative for all of them.

Police say his case is highly unusual. They almost never arrest a driver whose breath test was zero and whose blood tests came back negative. But in this case, he just looked too black to allow him to go free.

Police say the officer arrested him based on his performance on a sobriety test. “During the sobriety test, he was acting really black. I was worried he might break out into some kind of hippity-hoppity gang sign type of thing at any moment. I just had to arrest him.”

Commander David Mahoney says the officer in Davis’ case believes he could have been on another drug - like marijuana - that wasn’t part of the drug test.

More: Black Man in Texas Arrested for Driving While Black. Police Explain.