California Lawmaker Sues Sacramento Police Over False DUI Arrest

State Sen. Sabrina Cervantes alleges officers fabricated evidence and treated her differently due to her political activity, ethnicity, and sexual orientation.

Apr. 8, 2026 at 8:20am

Got story updates? Submit your updates here. ›

An extreme close-up photograph of a car's crumpled fender and broken side mirror, creating a stark, gritty, investigative aesthetic through the use of harsh, direct flash lighting against a pitch-black background.The aftermath of a car crash that led to a California lawmaker's false DUI arrest and subsequent lawsuit against the Sacramento Police Department.Today in Sacramento

A California state senator is suing the Sacramento Police Department, alleging she was falsely arrested and subjected to an unlawful blood draw following a car crash last year. Sen. Sabrina Cervantes claims officers pursued a DUI investigation without probable cause and fabricated evidence in a sworn warrant affidavit, potentially due to her tough-on-cops legislation or her identity as a Latina LGBTQ+ lawmaker.

Why it matters

This case raises concerns about potential bias and abuse of power by law enforcement, as well as the challenges faced by public officials who advocate for police accountability. It also highlights the broader issue of false DUI arrests and the difficulties in holding officers accountable for misconduct.

The details

According to the lawsuit, Cervantes was driving a state-owned vehicle when another driver ran a stop sign and struck her car. She was taken to the hospital with injuries, and police responded to the crash scene. Cervantes claims officers treated her as a suspect, questioned her extensively, and sought a warrant to draw her blood based on false statements, despite observing no signs of intoxication. Prosecutors ultimately declined to file charges, and Cervantes says she was forced to hire legal counsel to challenge potential license suspension proceedings, which were later dismissed.

  • The car crash occurred in May 2025.
  • Cervantes filed the federal civil rights lawsuit in April 2026.

The players

Sabrina Cervantes

A California state senator who is suing the Sacramento Police Department for falsely accusing her of driving under the influence following a car crash.

Courtney Downs

Cervantes' wife, with whom she welcomed triplets in 2019.

Gavin Newsom

The Governor of California who vetoed Cervantes' legislation, SB 274, which aimed to restrict law enforcement's use of automated license plate reader data.

Got photos? Submit your photos here. ›

What’s next

The lawsuit seeks unspecified damages, including compensation for emotional distress, reputational harm, and legal costs, along with punitive damages and civil penalties. The case will likely proceed through the federal court system, with the potential for further legal battles and appeals.

The takeaway

This case highlights the ongoing challenges faced by public officials who advocate for police accountability and the importance of holding law enforcement accountable for potential misconduct, bias, and abuse of power. It also underscores the broader issue of false DUI arrests and the difficulties in ensuring due process and equal treatment under the law.