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Name: People v. Schofield
Case #: B149435
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/19/2001
Subsequent History: None

A peace officer with probable cause may arrest a person form misdemeanor driving under the influence of alcohol or drugs (or both) not committed in the officer’s presence where evidence may be destroyed unless the person is immediately arrested. However, the officer may not forcibly enter a residence to effect such an arrest. Witnessess saw defendant drive away from a liquor store after he had been passed out. The office went to his home (the license number had been identified) and appellant was possibly drunk when he answered the door. He denied drinking since his return home and agreed to field sobriety tests, which he performed poorly. He was arrested and blood subsequently drawn. Due to the danger of drunk driving, and the loss of relevant evidence due to metabolic action, the officer could arrest appellant, even though the driving did not occur in his presence.