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BREAKING NEWS: Senator Roy Ashburn arrested on DUI charges - UPDATED 3/5/10 at 1:20 p.m.

Roy Ashburn's booking photo from the Sacramento County Sheriff's Department.

State Sen. Roy Ashburn was arrested Wednesday morning on charges of driving under the influence in Sacramento.

Sources told the CBS affiliate KOVR in Sacramento Ashburn was seen leaving Faces, a gay nightclub in midtown Sacramento.

Sgt. Rick Campbell of the CHP in Sacramento said he pulled over Ashburn at 2:00 a.m. Wednesday after Campbell noticed a black Chevy Tahoe weaving in his lane at 13th and L Streets.

He had bloodshot, watery eyes and smelled of alcohol and completed a field sobriety test at the scene,  Campbell said. He said Ashburn was determined to be under the influence of alcohol and arrested on misdemeanor charges at about 2:10 a.m. “He was extremely cooperative throughout the entire process,” Campbell said.

When the officer stopped the state-issued vehicle, the driver identified himself as Senator Ashburn. He was arrested without incident and charged with two misdemeanors: driving under the influence and driving with a blood alcohol level higher than .08 percent or higher.

A male passenger, who was not identified as a lawmaker, was also in the car but was not detained.

Ashburn was booked into the Sacramento County Jail, where he remained for eight hours before being released on a $1,400 bond.

The vehicle Ashburn was driving has been impounded at the Capitol for 30 days.

Ashburn served six years as a state Assemblyman before being elected to the State Senate.

According to Project Vote Smart, Ashburn's voting record shows he has voted against every gay rights measure in the State Senate since taking office including Recognizing Out-Of-State Same-Sex Marriages, Harvey Milk Day and Expanding Anti-Discrimination Laws.

“We can't expect our politicians to be saints, but we can expect them to follow the law,” said Steve Maviglio, a Sacramento-based Democrat strategist.

Ashburn represents the 18th Senate District, encompassing Kern, Tulare, Inyo, and San Bernardino Counties.

To see Ashburn's charging documents, navigate to the following link: http://www.kvsun.com/pdf/ashburn.pdf