Sacramento DA: No DUI charges for Cervantes; south state senator cleared
The Sacramento County District Attorney’s Office will not file charges against south state Sen. Sabrina Cervantes, saying Friday that the Riverside lawmaker had no evidence of alcohol or drugs in her system when she was cited by Sacramento police.
District Attorney’s officials announced the decision in a brief statement about 11 a.m. Friday.
“Regarding the arrest of Sabrina Cervantes, we have now received the toxicology results from her blood sample that was obtained on the day of the accident,” the statement began.
“The toxicology results were negative for any measurable amount of alcohol or drugs. We have reviewed all the submitted evidence, including police reports, witness statements, and laboratory results. Based on our ethical duty and the burden of proof in a criminal trial, the Sacramento County DA’s Office declines to file any charges in this case.”
Cervantes in a statement Friday afternoon reaffirmed her innocence and recounted the toll exacted on her and her family.
“As I stated from the beginning, I did absolutely nothing wrong and the Sacramento District Attorney’s Office has now affirmed as much. While my name was cleared, this ordeal was entirely unnecessary. It has also caused my family and me enormous stress and pain,” the state senator said. “No one deserves this.”
Cervantes’ vehicle was broadsided by a sport utility vehicle near 14th and S streets, according to police. A private party took Cervantes, D-Riverside, to Kaiser South Sacramento Medical Center for treatment, where she was later met by Sacramento officers, who later detained and cited her on suspicion of driving under the influence.
The officers who interviewed Cervantes “observed objective signs of intoxication and conducted a DUI investigation,” police officials said.
Cervantes, 37, forcefully denied the allegations, supplying medical records of her visit along with results of drug and alcohol screens ordered by hospital physicians to plead her case.
Cervantes’ blood-alcohol level registered at 0.01%, according to the physician’s report, while results of the drug screen showed undetectable levels of controlled substances.
Sacramento Police Department officials said they did not rely on medical records; rather, investigators would wait for results produced at D.A.’s Crime Lab.
“This ordeal was deeply distressing and left me even more shaken,” Cervantes, chair of the Senate Elections Committee who also sits on the Senate banking and transportation committees, said in a statement prior to releasing her records. “I want to be clear: I did nothing wrong.”
On Friday, the D.A.’s Office agreed.
Sacramento police respond
The Sacramento Police Department, following the DA’s decision, said its officers “observed objective signs that led them to believe she may have been impaired while operating a motor vehicle,“ but that the senator declined to perform field sobriety tests, in a lengthy statement detailing the May 19 incident.
“The officers remained professional throughout, taking time to explain the process and answer all of the Senator’s questions,” the department’s statement read. “When asked to perform Standardized Field Sobriety Tests, Senator Cervantes declined to participate.”
Cervantes had accused officers of accosting her and detaining her against her will while at the hospital.
The Sacramento Bee filed a public records request with the Police Department for body-worn camera footage of officers’ interaction with Cervantes. Police officials said Friday they needed more time to respond to The Bee’s May 21 submission.
“The Government Affairs Unit has begun researching and identifying records responsive to your request. Consequently, additional time is necessary to properly respond to your request due to the volume of materials required to be searched, collected, and examined for responsiveness (permitted under Government Code 7922.535 (a)),” an email to a Bee editor said Friday afternoon. “We will notify you within fourteen (14) days as to whether the City is in possession of non-exempt records responsive to your request.”
The agency in its previous statement said officers told Cervantes they would seek a court warrant to obtain a sample of her blood for analysis. While the warrant was being processed, Cervantes agreed to the blood draw.
“However, since the warrant process was already underway officers waited until it was signed by a judge before proceeding with the blood draw, which was conducted by a licensed phlebotomist,” the department’s statement continued. “A judge reviewed the facts known at the time, and a warrant was issued to obtain a blood sample.”
Officers then cited Cervantes and forwarded their investigation to the District Attorney’s Office pending results of toxicology reports.
Cervantes refuted the allegations of impaired driving from the outset. In recent days, she was joined by Riverside County Democratic Party chairwoman Joy Silver who said in a statement that the Inland Empire lawmaker “was accused, detained, and thrust into headlines before any facts had been confirmed.”
“This was not a routine encounter. It followed a violent collision and a hospital visit, yet she was treated as a suspect instead of a survivor,” Silver’s statement read. “That choice reflects something deeper — a culture that punishes dissent and seeks to intimidate women in power.”
Sacramento City Councilmember Mai Vang also demanded Friday that the department apologize to Cervantes, calling an apology “the first step toward accountability and rebuilding trust with our community.”
“As a public institution, we must take responsibility when harm is caused, especially to someone who has dedicated their life to public service,” Vang said in a statement.
“If this can happen to a state Senator, imagine how many everyday residents have been harmed similarly, many of whom we may never hear about,” Vang continued. “We must hold our public servants, especially law enforcement officers, to a higher standard.”
This story was originally published May 30, 2025 at 11:30 AM.