It’s apparently true what they say – only garbage men and suspects are out at 4 a.m. Sen. Roy Ashburn (R-Bakersfield) was arrested early Wednesday morning on suspicion of drunk driving. Ashburn was arrested just before 4 a.m. by California Highway Patrol officers in Sacramento, according to public records and law enforcement officials. The arrest was confirmed by Sacramento County Sheriff’s spokeswoman Sharon Chow Wednesday. Online arrest records show Ashburn was arrested at 3:56 a.m., booked in Sacramento County jail and released sometime Wednesday morning. He was arrested on suspicion of two misdemeanor counts – one of having a blood alcohol level of above .08 percent, and another of driving while under the influence. Chow said that was standard procedure for a DUI arrest. Ashburn was scheduled to appear Wednesday morning at a press conference advocating his SB 726, which would expand an existing pilot program to allow rural hospitals to directly employ physicians. The press conference was cancelled due to a “personal emergency,” according to press conference organizers. Ashburn has served in the Legislature since 1996. He was elected to the state Senate in 2002, and is barred by the state term limits law from seeking reelection this year. An aide at his Capitol office said no one was immediately available for comment.