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Most, if not all, drivers know that California law prohibits driving under the influence. California law, like every state in the union presumes impairment based upon a blood alcohol concentration of 0.08 percent. Many drivers, however, are surprised to hear when a chemical test returns a result of presumed impairment after a DUI arrest.

A recent story in the news that highlights the situation involves a Southern California Assembly member who was arrested in late March on DUI charges. The assemblyman, who has the right to remain silent under the law, reportedly told reporters after this arrest that he was not drunk the night of his arrest.

He reportedly said that he had some wine with dinner, but was not drunk. He also reportedly told the news media that law enforcement lacked probable cause to conduct a traffic stop.

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The man's girlfriend was killed when the cannon discharged. Authorities have not identified the 38-year-old woman, who reportedly died of shrapnel wounds after the device exploded in the community of Potrero. Three other adults and a 4-year-old girl apparently were also inside the home at the time of the blast. The three other adults and the child were not injured. The man who has been arrested did suffer shrapnel wounds and received treatment at the hospital.

Authorities say that the 39-year-old man was arrested as police investigate the woman's death related to the incident. Authorities are apparently interrogating the man, although authorities have not found any motive to suggest any possible criminal intent. Officials claim that the man made a statement and law enforcement says they want to corroborate the man's story, "based on the evidence [investigators] find at the scene."

Authorities acknowledge that the incident may have been just a terrible accident.

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