Cal. Codes » Vehicle Code / DIVISION 17. OFFENSES AND PROSECUTION / CHAPTER 2. Procedure on Arrests / ARTICLE 1. Arrests
California Codes

Cal. Vehicle Code § 40300.5 (2026)

Arrests

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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.

Notes of Decisions
Cited in 16 cases, 1973–2017 · leading case: Wade Robertson v. Rise Pichon, 849 F.3d 1173 (9th Cir. 2017).
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Wade Robertson v. Rise Pichon, 849 F.3d 1173 (9th Cir. 2017). · cites it 2× “See Cal. Veh. Code § 40300.5 (providing that “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” if “[t]he person may cause injury to…”
People v. Thompson, 135 P.3d 3 (Cal. 2006). · cites it 2× “As defendant concedes, the record fully supported Orvos's belief, which she communicated to the police, that the driver of the Bronco was intoxicated.”
People v. Schofield, 90 Cal. App. 4th 968 (Cal. Ct. App. 2001). · cites it 3× “(Veh. Code, § 40300.5, subd. (e). See post, at p.”
People v. Jordan, 75 Cal. App. Supp. 3d 1 (Cal. App. Dep’t Super. Ct. 1977). · cites it 2× “(Veh. Code, § 40300.5.) The term “traffic accident” means an accident involving at least one vehicle, which occurs either on a public street or elsewhere.”
People v. Howell, 30 Cal. App. 3d 228 (Cal. Ct. App. 1973). · cites it 2× “509 ], Vehicle Code section 40300.5 was held applicable also to an arrest under Penal Code section 367d (now subd.”
Dyer v. Dep't of Motor Vehs., 163 Cal. App. 4th 161 (Cal. Ct. App. 2008). “8 Vehicle Code section 40300.5 provides that a peace officer may, notwithstanding the “presence” requirement of Penal Code section 836, make a warrantless drunk driving arrest under certain exigent circumstances.”
Layland v. State, 535 P.2d 1043 (Alaska 1975). “Cal. Vehicle Code § 40300.5 (West 1971).”
People v. Komatsu, 212 Cal. App. Supp. 3d 1 (Cal. App. Dep’t Super. Ct. 1989). “Vehicle Code section 40300.5 authorizes a peace officer to arrest a person observed in or about a vehicle which is obstructing a roadway, when the officer has reasonable cause to believe he had been driving while under the influence of alcohol.”
People v. Alonzo C., 87 Cal. App. 3d 707 (Cal. Ct. App. 1978). “5 provides: “Notwithstanding any other provision of law a peace officer may, without a warrant, arrest a person involved in a traffic accident when the officer has reasonable cause to believe that such person had been driving while under the influence of intoxicating liquor or…”
Cowman v. Dep't of Motor Vehs., 86 Cal. App. 3d 851 (Cal. Ct. App. 1978). “Without a warrant a peace officer may arrest a person involved in a traffic accident when he has reasonable cause to believe that person has been driving while under the influence of intoxicating liquor (Veh. Code, § 40300.5). The superior court found Cowman was not involved in…”
Villalobos v. Zolin, 35 Cal. App. 4th 556 (Cal. Ct. App. 1995). “” Vehicle Code section 40300.5, not Mercer, applies to this case.”
People v. Bianco, 55 Cal. App. Supp. 3d 8 (Cal. App. Dep’t Super. Ct. 1975). “Vehicle Code section 40300.5 provides, “Notwithstanding any other provision of law a peace officer may, without a warrant, arrest a person involved in a traffic accident when the officer has reasonable cause to believe that such person had been driving while under the influence…”
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