After moving to Surprise, Ariz., from Ohio, a retired firefighter started becoming more of a night owl.
"My wife, she's an ER nurse and works three 12-hour shifts, so I adjusted my schedule to be like her schedule," said Jessie Thornton.
His late hours, unfortunately, have resulted in a lot of police contact.
"I've been stopped 10 times in Surprise and given four tickets, it's amazing," Thornton said.
His latest incident with police, during which he was arrested for a DUI despite taking a breathalyzer that came back with a blood alcohol level of 0.000, has prompted him to hire a lawyer.
Thornton described the scene when he was pulled over shortly after leaving LA Fitness.
"I take my glasses off and he says, 'You've got bloodshot eyes,'" Thorton said. "I said, 'I've been swimming at LA Fitness,' and he says, 'I think you're DUI.' [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.'"
After officers conducted the sobriety test, Thornton was placed in handcuffs and told to sit on the curb, WCPO reported.
"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," Thornton said.
Thornton said the incident was not DUI, it was DWB.
"It was driving while black," Thornton said.
Thornton's attorney, Marc Victor, filed a notice of claim against the City of Surprise seeking $500,000.
A video about the story is below: