Actor Thomas Gibson, best known for his roles on TV's "Criminal Minds" and "Dharma & Greg," was arrested in Los Angeles over the weekend on suspicion of DUI.
The 50-year-old actor was driving in downtown LA about 1 a.m. Sunday when he tried to drive through a part of town that had been blocked off for a half-marathon, reports The Huffington Post.
In fact, some witnesses say that the actor tried to drive his Audi SUV through the marathon barricade while the nighttime race was still going on, interrupting several runners.
When police initially stopped Thomas Gibson at the barricade, officers reportedly told him to go around the marathon. But the actor allegedly proceeded through the barrier anyway, reports HuffPo.
Gibson was taken into custody and arrested under suspicion of driving under the influence after officers smelled alcohol on his breath. Gibson reportedly refused to take a Breathalyzer test.
If convicted of driving under the influence in California, Gibson could potentially face penalties including fines, jail time, and a license suspension.
But because the actor allegedly refused to take a Breathalyzer test, he could potentially face enhanced penalties. That's because California, like many other states, has an implied consent law. These laws provide that anyone who drives in the state automatically agrees to undergo a blood alcohol test if he is stopped for a suspected DUI.
Drivers who initially refuse alcohol breath tests, as allegedly happened in Thomas Gibson's DUI arrest, are usually asked to undergo a blood test. Under California's implied consent law, a driver who agrees to a blood test after initially declining a breath test will not be punished for refusal.
If a driver refuses both tests, however, then automatic penalties can kick in. Prosecutors can also use the fact that a driver refused blood alcohol tests to help prove that a driver was driving drunk.
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