Cal. Veh. Code § 40300.5

Current through the 2024 Legislative Session.

Section 40300.5 - Arrest without warrant

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.

Ca. Veh. Code § 40300.5

Amended by Stats 2022 ch 81 (AB 2198),s 7, eff. 1/1/2023.

Amended by Stats. 1996, Ch. 1078, Sec. 6. Effective January 1, 1997.

See Stats 2022 ch 81 (AB 2198), s 1.