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Smith said officers also went to the hospital as part of their investigation into the incident. They observed 鈥渙bjective signs of intoxication鈥� and issued her a citation for suspicion of DUI, she said.

Cervantes, a Democrat representing part of the Inland Empire, claims no wrongdoing. She said she was seeking care in an emergency room after a car struck her vehicle. She was then 鈥渁ccosted鈥� by Sacramento police officers, who accused her of driving under the influence and detained her for several hours, she said.

Cervantes was elected to the state Senate last year after years serving in the Assembly. She previously chaired the Latino Legislative Caucus.

Cervantes said 鈥渓ab results鈥� she sought in the hospital showed she did not have alcohol in her system. Police did not conduct a breathalyzer test, Smith said.

鈥淭his ordeal was deeply distressing and left me even more shaken,” Cervantes said in a statement. 鈥淎s a Senator, wife, and mother, I hold myself to the highest standard and expect others that serve our communities to do the same.鈥�

The incident, which was first , marks the latest time in recent years in which a Democratic state lawmaker in California has been suspected of driving drunk by local authorities. U.S. Rep. Dave Min, who was a state senator at the time, and then-Assemblymember Wendy Carrillo in in 2023 for driving under the influence. Both admitted wrongdoing.