By Bianca Tan (staff@latinospost.com) | First Posted: Jun 11, 2013 12:01 AM EDT

A sober man was charged with DUI for "looking drunk."

Jessie Thornton was driving by Surprise, Arizona when he was hailed down by cops. According to the Daily Mail, documents at the Surprise Police Department showed that Thornton was "pulled over for crossing the white line in his lane."

The 64-year-old man told police he was sober, explaining that he does errands at night--adjusting to his wife's schedule as night shift nurse--and afterwards goes to the gym. However, authorities still insisted that he was drunk.

"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,'" Thornton explained.

The Ohio-born man told police that he took a late-night swim that caused the redness in his 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,'" told Thornton.

The report confirmed his scheduled hip surgery.

Thornton also told ABC News that at one point, "one of the officers shined the light in my eye and said, 'Oh, sorry,' and asked the other officer if he was doing it right."

The police then handcuffed him and asked him to sit on the curb.

"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."

The report said Thornton was taken to the Surprise Police headquarters where he took a breathalyzer test, but results turned up negative of alcohol.

"Yes, I do the breathalyzer and it comes back zero, zero, zero," he noted.

Later in the night, Thornton was released by the police. He also noted that his car was impounded and there were reports of having his license suspended.

Jessie Thornton is now filing charges against the City of Surprise for the false claims. He is seeking $500,000 in damages.

(Video Courtesy of ABC)

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