§ 40300.5. — 40300.5. (Amended by Stats. 2022, Ch. 81, Sec. 7.)

California § 40300.5.

• Jurisdiction: California
• Code VEH: Vehicle Code - VEH
• Div. 17.: DIVISION 17. OFFENSES AND PROSECUTION
• Ch. 2.: CHAPTER 2. Procedure on Arrests
• Art. 1.: ARTICLE 1. Arrests

Text

In addition to the authority to make an arrest without a warrant pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists:
(a)
The person is involved in a traffic crash.
(b)
The person is observed in or about a vehicle that is obstructing a roadway.
(c)
The person will not be apprehended unless immediately arrested.
(d)
The person may cause injury to themselves or damage property unless immediately arrested.
(e)
The person may destroy or conceal evidence of the crime unless immediately arrested.

Legislative History

Amended by Stats. 2022, Ch. 81, Sec. 7. (AB 2198) Effective January 1, 2023.